HomeMy WebLinkAbout4.6 Sign Regulation Ord~~~~ Off' nU~~~
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DATE: May 1, 2012
TO:
FROM:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #450-20
Honorable Mayor and City Councilmembers
~~
Joni Pattillo, City Manager ° ~'
SUBJECT: Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations) -
PLPA-2011-00026
Prepared by Marnie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
In October 2011, Staff presented to the City Council City-initiated amendments to the Dublin
Zoning Ordinance, including Chapter 8.84 (Sign Regulations). The City Council reviewed the
proposed amendments and directed Staff to obtain input from the community on the proposed
changes to the Sign Regulations Chapter. A Town Hall Meeting was held on February 9, 2012
and Staff obtained input from the community. Staff presented the feedback received from the
community at the March 6, 2012 City Council meeting. The City Council did not adopt the
proposed amendments but instead directed Staff to modify them to change the amount of time
that Temporary Promotional Signs are allowed to be displayed. The draft Ordinance was
presented at the April 17, 2012 City Council meeting and the City Council waived the reading
and introduced the Ordinance. A second reading of the Ordinance is required prior to adoption.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt an Ordinance amending
Chapter 8.84 (Sign Regulations) of the Zoning Ordinance.
~~r'"i
Submitted By
Director of Community Development
DESCRIPTION:
~,
Reviewed By
Assistant City Manager
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community.
Page 1 of 2 ITEM NO. 4.6
At the August 23, 2011 Planning Commission meeting, Staff presented proposed amendments
to various Chapters of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and
Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
(Sign Regulations), and Chapter 8.108 (Temporary Use Permit) and the Planning Commission
adopted a Resolution recommending City Council adoption of the proposed amendments.
At the October 4, 2011 City Council meeting, the City Council adopted the proposed Zoning
Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations).
The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested
members of the community regarding the proposed amendments. At the December 20, 2011
City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don
Biddle to participate in the Town Hall Meeting.
On February 9, 2012, a Town Hall Meeting was held at 6:30pm in the Regional Meeting Room.
Five members of the public attended in addition to the two appointed Councilmembers and
Staff. Staff presented the proposed amendments to the Sign Regulations and solicited
feedback. At the March 6, 2012 City Council meeting, Staff presented the feedback received
from the Town Hall Meeting. The City Council did not adopt the proposed amendments but
instead directed Staff to modify the amount of time that Temporary Promotional Signs are
allowed to be displayed. The City Council also directed Staff to return with a separate report on
options to control the quality of temporary promotional signs. Staff is in the process of preparing
that report.
Pursuant to Government Code section 65857, the Planning Commission is required to review
and make a recommendation on proposed amendments to the Zoning Ordinance. At the March
27, 2012 Planning Commission meeting, Staff presented the proposed modification to the
amount of time that Temporary Promotional Signs are allowed to be displayed and the Planning
Commission adopted Resolution 12-18 recommending that the City Council amend Chapter
8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that Temporary
Promotional Signs are allowed to be displayed.
At the April 17, 2012 City Council meeting (Attachment 1), the City Council waived the reading
and introduced an Ordinance amending Chapter 8.84 (Sign Regulations). A second reading of
the Ordinance is required prior to adoption (Attachment 2).
ATTACHMENTS: 1. April 17, 2012 City Council Staff Report with attachments
2. Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance
Page 2 of 2
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #450-20
DATE: April 17, 2012
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager \1~; ~.12t?o
SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to Chapter 8.84 (Sign
Regulations), PLP A-2011-00026
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
In October 2011, Staff presented to the City Council City-initiated amendments to the Dublin
Zoning Ordinance, including Chapter 8.84 (Sign Regulations). The City Council reviewed the
proposed amendments and directed Staff to obtain input from the community on the proposed
changes to the Sign Regulations Chapter. A Town Hall Meeting was held on February 9, 2012
and Staff obtained input from the community. Staff presented the feedback received from the
community at the March 6, 2012 City Council meeting. The City Council did not adopt the
proposed amendments but instead directed Staff to modify them to change the amount of time
that Temporary Promotional Signs are allowed to be displayed. The draft Ordinance has been
revised to change the display period for Temporary Promotional Signs. The City Council will
consider introducing an Ordinance to amend Chapter 8.84 (Sign Regulations).
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1 ) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance amending Chapter 8.84 (Sign Regulations) of
the Zoning Ordinance.
/\.1
C.~\~._~
Submitted By
Director of Community Development
{h_-It--
Reviewed By
Assistant City Manager
Page 1 of6
ITEM NO. 6.4
DESCRIPTION:
Background
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community.
At the August 23, 2011 Planning Commission meeting, Staff presented proposed amendments
to various Chapters of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and
Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
(Sign Regulations), and Chapter 8.108 (Temporary Use Permit) and the Planning Commission
adopted a Resolution recommending City Council adoption of the proposed amendments.
At the October 4, 2011 City Council meeting, the City Council adopted the proposed Zoning
Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations).
The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested
members of the community regarding the proposed amendments. At the December 20, 2011
City Council meeting, th.e City Council. appointed Councilmembers Kasie Hildenbrand and Don
Biddle to participate in the Town Hall Meeting.
On February 9, 2012, a Town Hall Meeting was held at 6:30pm in the Regional Meeting Room.
Five members of the public attended in addition to the two appointed Councilmembers and
Staff. Staff' presented the proposed amendments to the Sign Regulations and solicited
feedback. At the March 6, 2012 City Council meeting, Staff presented the feedback received
from the Town Hall Meeting. The City Council did not adopt the proposed amendments but
instead directed Staff to modify the amount of time that Temporary Promotional Signs are
allowed to be displayed (Attachments 1 and 2). The City Council also directed Staff to return
with a separate report on options to control the quality of temporary promotional signs. Staff is
in the process of preparing that report.
Pursuant to Government Code section 65857, the Planning Commission is required to review
and make a recommendation on proposed amendments to the Zoning Ordinance. At the March
27, 2012 Planning Commission meeting, Staff presented the proposed modification to the
amount of time that Temporary Promotional Signs are allowed to be displayed (Attachments 3
and 4) and the Planning Commission adopted Resolution 12-18 recommending that the City
Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount
of time that Temporary Promotional Signs are allowed to be displayed (Attachment 5).
ANAL YSIS:
Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of
the amendments were related to temporary promotional banners. In 2009, the City Council
adopted a temporary modification to the Temporary Promotional Banner regulations to increase
the number of days that banners were allowed to be displayed (from 15 days to 21 days) and to
reduce the waiting period between banner displays (from 30 days to 21 days). This temporary
modification was in effect for a one year period. In 2010, the City Council extended the
temporary modification for another year and directed Staff to make the temporary modifications
permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary
modifications permanent.
Page 2 of 6
At the February 9,2012 Town Hall Meeting, a concern was raised about the amount of time that
temporary promotional signs are allowed to be displayed noting that under the current
regulations a banner could be displayed for up to 6 months a year and called into question
whether it's an actual promotion being advertised. At the March 6, 2012 City Council meeting,
Staff was directed to amend the display time for Temporary Promotional Signs to 3 weeks of
display time with a 6 week waiting period between permits. This reduces the potential amount
of display time per year from 6 months to 4 months. The proposed modification would read as
follows, with proposed modification in bold italics (the underlined text represents additional
amendments that the City Council previously reviewed):
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs are permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one
(21) consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of forty-two (42) consecutive calendar days between
permits is required, with the exception of balloons as defined herein and temporary banners
for apartment communities. A Banner Sign shall not be larger than 60 square feet in size
and the sign shall not be located so that the sign is taller than the eave of the structure in
which the business is located. One (1) temporary promotional siqn may be displayed on a
tenant's buildinq frontaqe and one (1) temporary promotional siqn may be displayed on the
street frontaqe. If there is more than one street frontaqe, one (1) temporary promotional
siqn may be displayed on each street frontaqe (in lieu of the buildinq frontaqe), up to two
street frontaqes, if the siqns are at least 200~feet apart.
A corresponding amendment would also be made to Matrix B as follows, with the proposed
modification in bold italics (the underlined text represents additional amendments that the City
Council previously reviewed):
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft.
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 21
Promotional Clearanco: Clearance. Clearanco. which business is Clearance. consecutive
Section Two (2). One Banner located and shall calendar days
8.84.050.T (1) on a tenant signs shall not be located so per permit; 42
not be that the sign is consecutive
buildinq larger than higher than the calendar days
frontaqe and 60 square eave of the waiting period
one (1) on the feet. structure in which between
street frontaqe . the business is permits.
located.
or two (2) on
street
frontaqes if
more than one
street frontaqe
and siqns are
at least 200-
feet apart.
Page 3 of 6
Summary of Other Proposed Amendments
The following is a summary of the other proposed amendments to Chapter 8.84 (Sign
Regulations) that were reviewed by the City Council at the March 6, 2012 meeting but not
adopted. A strikethrough/underline version of the proposed changes is included as Attachment
6 and the draft Ordinance is included as Attachment 7.
Matrix A
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to include the new Downtown Dublin Zoning District. The Sign Types
proposed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker Authority for
those signs (i.e. Community Development Director, Zoning Administrator or Planning
Commission) is proposed to be the same as what is currently allowed for the C-2 (General
Commercial) Zoning District.
Open House Siqns and Window Siqns
Open House Signs and Window Signs are proposed to be removed from the Sign Types column
in Matrix A and Matrix B. Matrix A sets forth those signs which are subject to permits and Matrix
B sets forth sign development regulations for signs subject to permits. Because Open House
Signs and Windows Signs are exempt from permits they are proposed to be removed from
Matrix A and Matrix B. Consistent with the proposed changes to Matrix A and Matrix B, Open
House Signs and Window Signs would also be removed from Section 8.84.050 (Signs Subject
to Permits) and added to Section 8.84.140 (Exempt Signs).
Temporary Promotional Siqns
In addition to the above described amendment which would amend the display time for
Temporary Promotional Signs to 3 weeks of display time with a 6 week waiting period between
permits, Section 8.84.050.S (Temporary Promotional Signs) is proposed to be amended to limit
the number of banner signs that can be displayed at anyone time to a maximum of two signs.
One banner sign may be displayed on the tenant's building frontage and a second banner sign
may be displayed on the street frontage. When a tenant has two street frontages, the tenant
may display one banner sign on each street frontage in lieu of displaying a banner sign on the
building frontage. However, only one banner sign would be allowed per street frontage and the
banner signs must be placed a minimum of 200-feet apart.
Seasonal Flaqs
A new sign type is proposed to be added to allow for the display of seasonal flags. A new
definition of Flags - Seasonal would be added to Section 8.84.020 (Definitions) to read as
follows:
P. Flags -Seasonal. The term Flags - Seasonal shall mean a sign
constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed for a limited period oftime and/or changed
on a regular basis to coincide with the four seasons of the year.
This proposed sign type would not require a permit and would be included in the current
exemption for flags in Section 8.84.140 (Exempt Signs) and would read as follows:
Page 4 of 6
B. Flags. The flag or insignia of any charitable} educational, philanthropic,
civic, professional or religious organization} or seasonal flags.
Automobile Sales Flaqs
A new sign type is proposed to be added regulating the display of flags on light poles at
automobile/vehicle sales establishments. This proposed sign type would be allowed subject to
approval of a Zoning Clearance in Commercial and Industrial Zoning DistriCts where
automobile/vehicles sales is allowed. The following definition would be added to Section
8.84.020 (Definitions):
Flags ...., AutomobileNehicle Sales. The term Flags - Automobile/
Vehicle Sales shall mean a sign constructed of cloth, canvas or another
light fabric with or without a rigid frame intended to be displayed on a
regular basis to advertise the business name.
This proposed sign type would also be added to Section 8.84.030 (Sign Approvals and
Decisionmaker Authority by Zoning District) (Matrix A), Section 8.84.040 (Matrix 8, Sign
Development Regulations) and Section 8.84.050 (Signs Subject to Permits) and would be
required to adhere to the following standards in order to obtain ,approval of a Zoning Clearance:
Flags - AutomobileNehicles Sales. Automobile/Vehicle Sales Flags
are permitted in those Zoning ,Districts where Automobile/Vehicle Sales
are permitted subject to approval of a Zoning Clearance.
Automobile/Vehicle Sales Flags are subject to the following:
1. Automobile/Vehicle Sales Flags shaff be located on the site where
the business being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flags shall be limited to
private property light poles and shall not extend above the top of the
light pole.
3. The number of Automobile/VehiCle Sales Flags shall be limited to
one (1) flag per light pole, up to one-half of all light poles located on
the.site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20
square feet and may be single sided or double sided. .
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8)
feet above the ground and fourteen (14) feet above a driveway, alley
or other vehicular access way. No flag shall project into a public
right-of-way.
6. Automobile/Vehicle' Sales Flags shal! be maintained in good
condition at al! times. Any flag that is faded, torn or otherwise
determined by the Community Development Director to' not be in
good condition shall be removed upon request and may be replaced
subject to compliance with Section 8.84.050.F. .
Page 5of6
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan and all
applicable Specific Plans in that the General Plan and applicable Specific Plans include policies
which support the development of commercial uses and the proposed Zoning Ordinance
Amendment facilitates commercial development by bringing greater clarity and consistency to
existing regulations related to signage.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was also provided to all known Dublin-based sign companies,
automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have
expressed interest in this topic or requested such notice. The Staff Report for this public
hearing was also made available on the City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from CEQA perCEQA Guidelines Section
15061 (b)(3). Section 15061 (b)(3) states thatCEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
ATTACHMENTS:
.1. March 6, 2012 City Council Staff Report.
2. March 6, 2012 City Council Meeting Minutes.
3. March 27,2012 Planning Commission Staff Report, without attachments.
4. March 27, 2012 Draft Planning Commission Meeting Minutes.
5. Planning Commission Resolution 12-18 recommending that the City Council amend
Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time
that Temporary Promotional Signs are allowed to be displayed.
6. Strikethrough/Underline version of the proposed amendments to Chapter 8.84 (Sign
Regulations).
7. Draft Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance.
Page 6 of 6
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #450-20
DATE: March 6, 2012
TO: Honorable Mayor and City Council members
FROM: Joni Pattillo, City Managercl~' ~,12t2o
SUBJECT: Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations),
PLPA-2011-00026
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider adopting amendments to Title 8 of the Dublin Municipal Code
(Zoning Ordinance) related to Chapter 8.84 (Sign Regulations). At the October 4, 2011 City
Council meeting, Staff presented City-initiated amendments to the Sign Regulations chapter of
the Dublin Zoning Ordinance. The City Council directed Staff to .holda Town Hall Meeting to
obtain input from interested members of the community. The Town Hall Meeting was held on
February 9, 2012. Staff will present the proposed Ordinance to' the City Council and the
feedback received from the Town Hall Meeting,
FINANCIAL IMPACT:
None,
RECOMMENDATION:
Staff recommends that the City Council: )1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public;, 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance amending Chapter 8,84 (Sign Regulations) of
the Zoning Ordinance OR 6) Provide Staff with direction regarding amendments to the Sign
Regulations,
l~~
Submitted By
Director of Community Development.
/J . r
(/. It.~_._,,---- -" '-'----.
Reviewed By
Assistant City Manager
Page 1 of 7
ITEM NO. 6.2
DESCRIPTION:
Background
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community.
Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of
the amendments were related to temporary promotional banners. In 2009, the City Council
adopted a temporary modification to the Temporary Promotional Banner regulations to increase
the number of days that banners were allowed to be displayed (from 15 days to 21 days) and to
reduce the waiting period between banner displays (from 30 days to 21 days). This temporary
modification was in effect for a one year period. In 2010, the City. Council extended the
temporary modification for another year and directed Staff to make the temporary modifications
permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary
modifications permanent.
In February 2011, the City Council directed staff to prepare an informational report on the City's
window sign regulations following a complaint by commercial property owners regarding the
City's enforcement of the window sign regulations. The City Couneil received the report and no
further action was taken.
At the October 4, 2011 City Council meeting, Staff proposed amendments to various Chapters
of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and Uses Regulations),
Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations),
and Chapter 8.108 (Temporary Use Permit) (Attachment 1). The City Council adopted the
proposed amendments with the exception of Chapter 8.84 (Sign Regulations). The City Council
directed Staff to hold a Town Hall Meeting to obtain input from interested members of the
community regarding the proposed amendments to the Sign Regulations (Attachment 2). At the
December 20, 2011 City Council meeting, the City Council appointed Councilmembers Kasie
Hildenbrand and Don Biddle to participate in the Town Hall Meeting (Attachment 3).
Town Hall Meeting
On February 9,2012, a Town Hall Meeting was held at 6:30 pm in the Regional Meeting Room.
Five members of the public attended in addition to the two appointed Couneilmembers and
Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback
(Attachment 4). In addition to receiving comments on the proposed amendments, additional
comments were provided regarding other aspects of the Sign Regulations chapter. Below is a
description of each amendment and the feedback received from the meeting attendees.
Matrix A
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to include the new Downtown Dublin Zoning District. The Sign Types
proposed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker Authority for
those signs (i.e. Community Development Director, Zoning Administrator or Planning
Commission) is proposed to be the same as what is currently allowed for the C-2 (General
Commercial) Zoning District (see Attachment 5, pages 1-2).
Page 2 of 7
Matrix A is also proposed to be amended to remove Open House signs and Window signs from
the Sign Type column (see Attachment 5, page 2). Matrix A sets forth those signs which are
subject to permits and Open House signs and Window signs are exempt from permits pursuant
to Section 8.84.140 (Exempt Signs).
Community Feedback
None.
Temporary Promotional Siqns
Section 8.84.050.S (Temporary Promotional Signs) is proposed to be amended to limit the
number of banner signs that can be displayed at anyone time to a maximum of two signs. One
banner sign may be displayed on the tenant's building frontage and a second banner sign may
be displayed on the street frontage. When a tenant has two street frontages, the tenant may
display one banner sign on each street frontage in lieu of displaying a banner sign on the
building frontage. However, only one banner sign would be allowed per street frontage and the
banner signs must be placed a minimum of 200.:.feet apart (see Attachment 5, pages 2-4).
Community Feedback
(
1. Staff's proposal to limit the number of banner signs and regulate the spacing between
banners was well received.
2. It was noted that, under the proposed amendment, multiple tenants could continue to
display banner signs at the same time along a street frontage (alluding to the fact that
sign clutter could continue even with the limit of two banner signs per tenant).
3. It was also noted that the amendment does not propose changes to the amount of time
that banner signs can be displayed. The current regulation allows for a banner to be
displayed for 21 days with a 21 day waiting period between, permits. It was suggested
that there be an 8 week waiting period between permits.
4. A concern was also raised regarding the quality of temporary promotional signs. It was
suggested that there be some type of mechanism in place to ensure that signs are
professionally done with certain materials and that hand lettering not be allowed.
Seasonal Flaqs
A new sign type is proposed to be added to allow for the display of seasonal flags. A new
definition of Flags - Seasonal would be added to Section 8.84.020 (Definitions) to read as
follows (see Attachment 5, page 1):
P. Flags - Seasonal. The term Flags - Seasonal shall mean a sign
constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed for 8 limited period of time and/or changed
on a regular basis to coincide with holidays or the four seasons of the
ye8r.
Page 3 of 7
This proposed sign type would not require a permit and would be included in the current
exemption for flags in Section 8.84.140 (Exempt Signs) and would read as follows (see
Attachment 5, page 4):
B. Flags. The flag or insignia of any charitable, educational, philanthropic,
civic, professional or religious organization, or seasonal flags.
Community Feedback
The proposed definition of a Seasonal Flag does not define whether it is limited to specific
seasons or holidays or whether it can be used for advertising purposes. It was suggested that
. seasonal flags be further defined including size, number displayed and method of
attachment/display.
Automobile Sales Flaqs
A new sign type is proposed to be added regulating the display of flags on light poles at
automobile/vehicle sales establishments. This proposed sign type would be allowed subject to
approval of a Zoning Clearance in Commercial and Industrial Zoning Districts where
automobile/vehicle sales is allowed (see Attachment 5, page 1, Matrix A). The following
definition would be added to Section 8.84.020 (Definitions) (see Attachment 5, page 1):
O. Flags - Automobi/eNehicJe Sales. The term F/ags - Automobile/
Vehicle Sales shall mean a sign constructed of cloth, canvas or another
light fabric with or without a rigid frame intended to be displayed on a
regular basis to advertise the business name.
This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits)
and would be required to adhere to the following standards in order to obtain approval of a
Zoning Clearance (see Attachment 5, pages 3-4):
F. Flags - AutomobileNehicJeSales. Automobile/Vehicle Sales Flags are
permitted in those Zoning Districts where Automobile/Vehicle Sales are
permitted subject to approval of a Zoning Clearance. Automobile/Vehicle
Sales Flags are subject to the following:
1. Automobile/Vehicle Sales Flags shall be located on the site where
the business being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flags shall be limited to
private property light poles and shall not extend above the top of the
light pole. .
3. The number of Automobile/Vehicle Sales Flags shalf be limited to .
one (1) flag per light pole, up to one-half of all light poles located on
the site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20
square feet and may be single sided or double sided.
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8)
feet above the ground and fourteen (14) feet above a driveway, alley
or other vehicular access way. No flag shall project into a public
right-of-way.
Page 4 of 7
6. Automobile/Vehicle Sales Flags shall be maintained in good
condition at all times. Any flag that is faded, torn or otherwise
determined by the Community Development Director to not be in
good condition shall be removed upon request and may be replaced
subject to compliance with Section 8.84.050.F.
Many of the City's auto dealerships already display flags on light poles; this amendment would
provide standards to regulate the display of these flags. Staff worked with the auto dealerships
and solicite.d input on the proposed standards. The auto dealerships were supportive of the
proposed amendments and their input was taken into consideration in drafting the standards.
Community Feedback
The proposed definition is acceptable; however, a commenter felt that the amendment would
allow too many flags to be displayed. The purpose and necessity of the flags was also
questioned noting that, in neighboring jurisdictions, similar flags are not used by auto
dealerships. If allowed, the commenter felt that it would be more appropriate to limit the number
of flags to 1 for every 8 light poles and include a provision that would not allow the flags to be
clustered in one location on the site.
Other Siqn Related Comments from the Town Hall Meetinq
Window Signs
It was suggested that the amount of signage area allowed on windows be increased to 30% as it
is a good tool for business owners. It was also suggested that consideration be given to opaque
window signs which are see-through and non-promotional in nature.
A-Frame Signs
It was suggested that professionally done A-frame signs be allowed as a temporary promotional
sign.
Political Signs
One resident who attended the meeting expressed concern about political signage. The
resident felt that the rules relating to political signage are not applied equally to everyone. She
mentioned a sign at the post office that was later moved to the sidewalk after she complained
about it. She felt that certain political signs do not come under any ordinances and felt they
should. She stated that when she was running for public office she was not allowed to put her
signs on public property, but others are permitted to put up offensive political signs. She also
felt there was an ordinance that provides that political signs can only be displayed for 30 days
before an election. She asked that the City Council look at the ordinance and ensure that it is
applied fairly.
Staff and the City Attorney have reviewed the issue regarding political signs. Chapter 8.84 of
the Zoning Ordinance regulates "temporary political signs." These signs may be placed on
private property only, provided that they are "removed within 10 calendar days following the
election." (DMC ~ 8.84.140.) The term "temporary political sign" is defined to mean "a
temporary sign identifying a political candidate or ballot measure." The definition, taken in
conjunction with the requirement that these signs be removed after "the election", makes it clear
Page 5 of 7
that the intent of this definition is to address signs that are related to a particular political
campaign (there is no requirement regarding how soon before an election these signs may be
posted). Section 8.84.140 also provides that temporary political signs may not be placed in the
public right-ot-way. However, the sign mentioned at the town hall meeting does not tall within
the Municipal Code definition, since it is directed at the President of the United States, but is not
related to the President's 2012 campaign tor reelection to that office. That is, the sign is
directed at the office-holder, rather than his candidacy, and is thus not a "temporary political
sign."
It is worth noting that City sidewalks are a "traditional public forum," meaning that any regulation
of expressive activities on sidewalks is subject to scrutiny to ensure that it is consistent with the
First Amendment. It may be possible for the City to pursue modifications to the Municipal Code
that would, at least in part, address this issue. However, given the significant First Amendment
implications of regulating this kind of political speech, any such amendment would have to be
carefully researched.
Administrative Revisions to Draft Ordinance
The draft Ordinance (Attachment 6) includes administrative reVISions to ensure internal
consistency within the Sign Regulations chapter. Those revisions include removing the word
"holidays" from the new definition for seasonal flags; holiday decorations are currently regulated
under Exempt Signs and adding them to seasonal flags would create an inconsistency within
the Sign Regulations. Another administrative revision includes relocating the sign standards for
Open House Signs and Window Signs from the section on Signs Subject to Permits to Exempt
Signs to correspond with the changes proposed to Matrix A.
CONCLUSION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community. At the October 4, 2011 City Council meeting
Staff proposed amendments to various Chapters of the Zoning Ordinance including Chapter
8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain,
input from interested members of the community regarding the proposed amendments to the
Sign Regulations. On February 9, 2011 a Town Hall Meeting was held and five members of the
public attended in addition to the two appointed Council members and Staff. Staff is asking the
City Council to either waive the reading and introduce an Ordinance adopting amendments to
Chapter 8.84 (Sign Regulations) in substantially the same form as presented at the October 4,
2011 City Council meeting or provide Staff with direction regarding amendments to the Sign
Regulations.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was also provided to all known Dublin-based sign companies,
automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have
expressed interest in this topic or requested such notice. The Staff Report for this public
hearing was also made available on the City's website.
Page 6 of 7
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
15061 (b)(3). Section 15061 (b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant.
physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. October 4, 2011 City Council Staff Report.
2. October 4, 2011 City Council Meeting Minutes.
3. December 20, 2011 City Council Meeting Minutes.
4. Town Hall Meeting Minutes of February 9,2012.
5. Proposed Zoning Ordinance Amendments in
Stri kethrough/U nderl ine.
6. Draft Ordinance amending Chapter 8.84 (Sign Regulations) of the
Zoning Ordinance.
Page 7 of 7
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #450-30
DATE: October 4, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Jon; Pattillo, City ManagerdL ~
SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary
Use Permit), PLPA-2011-00026.
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
The City is initiating amendments to the Zoning Ordinance to bring greater Clarity and
consistency to existing regulations. . Amendments are proposed to: Chapter 8.40 (Accessory
Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an
accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it
relates to tenant spaces with multiple functions and parking requirements for other Indoor
Recreational Facilities' not specifically listed in Section 8.76.080.0; to Chapter 8.84 (Sign
Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in
the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates
to other temporary land uses not specifically defined and deviating from established
development standards.
FINANCIAL IMPACT:
None.
RECOMMENDA TION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance amending Chapter 8.40 (Accessory Structures
and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter
8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance.
c~~
Submitted By
Director of Community Development
{}k--~l~
Reviewed By
Assistant City Manager
Page 1 of 7
ITEM NO. 6.2
DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community. Amendments to Chapter BAO (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations),
Chapte'r 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) of the' Zoning
Ordinance are proposed and are outlined in further detail below. A strikethroughlunderline
version of the proposed Zoning Ordinance Amendments is included as Attachment 1.
ANAL YSI5:
Chapter 8AO (Accessorv Structures and Uses Requlations)
Section 8.04.060.E (Official Interpretations) of the Zoning Ordinance allows the Community
Development DireCtor to make official interpretations of the Zoning Ordinance when the
applicability or meaning of any of the requirements of the Zoning Ordinance is unclear generally
or as applied to a specific case. On June 10, 2011 the Community Development Director issued
an official interpretation regarding Eating and Drinking Establishments as an accessory use to
retail sales (Attachment 2). Section 8.04.060.E also requires, when the Community
Development Director issues an official interpretation for an unclear provision of the Zoning
Ordinance, that the unclear provision be corrected by amending the Zoning Ordinance as soon
as practical. Section 8AO.030.G (Permitted Commercial and Industrial Accessory Uses) is
proposed to be amended to add the following regulation (see Attachment 1, page 1):
8. Eating and Drinking Establishments. An Eating and Drinking
Establishment incidental to retail sales in Commercial Zoning Districts
where the Eating and Drinking Establishment, including food preparation
areas and seating areas, is 10% or less of the entire tenant space.
Chapter 8.76 (Off-Street Parkinq and Loadinq Requlations)
Tenant Space with Multiple Functions
The official interpretation issued by the Community Development Director on June 10, 2011
(see Attachment 2) also addressed an unclear provision in Section 8.76.040.M (Tenant Space
with Multiple Functions). This section is proposed to be amended as follows (see Attachment 1,
page 2):
M. Tenant Space with Multiple Functions. When a tenant space contains
several Use Types, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for each Use Type, except as
otherwise provided by Section 8.76.050 (Adjustment to the Number of
Parking Spaces).
1. When a tenant space contpins several Use Types for the exclusive use
of those engaged in the primary use and not otherwise available to the
Page 2 of 7
general public, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parking shall not be
required.
Off-Street Parking Table: Indoor Recreational Facilities
Section 8.76.080 (Parking Requirements by Use Type) is also proposed to be amended as it
relates to parking requirements for "Other" Indoor Recreational Facilities for which a parking
requirement is not specifically listed. Currently, a Conditional Use Permit is required to
establish a parking requirement for "Other" Indoor Recreational Facilities. The proposed
amendment would change the process to a Minor Use Permit (see Attachment 1, page 2)
consistent with the regulation of Indoor Recreational Facilities through the Minor Use Permit
process and thus streamlining the permitting process.
Chapter 8.84 (Siqn Requlations)
Flags - Seasonal
A new sign type is proposed to be added to the Sign Regulations Chapter to allow for the
display of seasonal flags. A new definition of Flags - Seasonal would be added to Section
8.84.020 (Definitions) of the Sign Regulations Chapter to read as follows (see Attachment 1,
page 3):
P. Flags - Seasonal.. The term Flags - Seasonal shall mean a sign
constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed for a limited period of time and/or changed
on a regular basis to coincide with holidays or the four seasons of the
year.
This proposed sign type would be included in the current exemption for flags in Section 8.84.140
(Exempt Signs) and would not require a permit (see Attachment 1, page 6), as follows:
B. Flags. The flag or insignia of any charitable, educational, philanthropic,
civic, professional or religious organization, or seasonal flags.
Flags - Automobi/eNehicle Sales
A new sign type is proposed to be added to the Sign Regulations Chapter regulating the display
of flags on light poles at automobile/vehicle sales establishments. This proposed sign type
would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial
Zoning Districts where automobile/vehicles sales is permitted (see Attachment 1, page 3). The
following definition would be added to Section 8.84.020 (Definitions) of the Sign Regulations
Chapter (see Attachment 1, page 3):
o. Flags - AutomobileNehicle Sales. The term Flags - Automobile/
Vehicle Sales shall mean a sign constructed of cloth, canvas or another
Page 3 of 7
light fabric with or without a rigid frame intended to be displayed on a
regular basis to advertise the business name.
This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits)
and would be required to adhere to the following standards in order to obtain approval ofa
Zoning Clearance (see Attachment.1, pages 5-6):
F. Flags - AutomobileNehicles Sales. Automobile/Vehicle Sales Flags
are permitted in those Zoning Districts where Automobile/Vehicle Sales
are permitted subject to approval of a Zoning Clearance.
Automobile/Vehicle Sales Flags are subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where
the business being advertised is conducted.
2. The location of AutomobileNehicle Sales Flags shall be limited to
private property light poles and shall not extend above the top of the
light pole.
3. The number of AutomobileNehicle Sales Flags shall be limited to
one (1) flag per light pole, up to one-half of aI/light poles located on
the site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20
square feet and may be single sided or double sided.
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (B)
feet above the ground and fourteen (14) feet above a driveway, alley
or other vehicular access way. No flag shall project into a public
right-of-way.
6. Automobile/Vehicle Sales Flags shall be maintained in good
condition at all times. Any flag that is faded, torn or otherwise
determined by the Community Development Director to not be in
good condition shall be removed upon request and may be replaced
subjectto compliance with Section B.B4.050F
Many of the City's auto dealerships already display flags on light poles; this amendment would
provide standards to regulate the display of these flags. Staff worked with the auto dealerships
and solicited input on the proposed standards. The auto dealerships were supportive of the
proposed amendments and their input was taken into consideration in drafting the standards.
Temporary Promotional Signs
The regulations pertaining to Section 8.84.050.S (Temporary Promotional Signs) are proposed
to be amended to limit the number of signs that can be displayed at anyone time to a maximum
of two (2) signs. One sign may be displayed on the tenant's building frontage and a second sign
may be displayed on the street frontage. In a situation where a tenant has two street frontages,
the tenant may display an additional sign along the street frontage in lieu of their building
frontage. However, only one (1) sign would be allowed per street frontage, up to two frontages
and the signs must be a minimum of 200-feet apart. (See Attachment 1, pages 4-6).
Downtown Dublin Zoning District
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to include the new Downtown Dublin Zoning District. The sign types
Page 4 of 7
allowed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker authority for
those signs (i.e. Community Development Director, Zoning Administrator, and Planning
Commission) is the same as what is allowed for the C-2 (General Commercial) Zoning District.
(See Attachment 1, pages 3-4).
Non-Substantive Changes to the Sign Regulations
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to remove Open House signs and Window signs from the matrix (see
Attachment 1, pages 3-4). Matrix A sets forth those signs which are subject to permits and
Open House signs and Windows signs are exempt signs pursuant to Section 8.84.140 (Exempt
Signs).
Chapter 8.108 (Temporary Use Permit)
The Temporary Use Permit Chapter of the Dublin Zoning Ordinance contains regulations and
development standards for a variety of temporary land uses. A temporary land use that meets
established development standards and is temporary in nature may be approved for a limited
duration of time.
The current Temporary Use Permit Chapter was adopted by City Council Ordinance 21-10 in
November 2010 (Attachment 3) to provide greater flexibility in the establishment of temporary
land uses. A new category in Section 8.108.020 was created for Similar Uses and reads as
follows:
O. Similar Uses. A use that is, in the determination of the Community
Development Director, similar to any of the specific uses contained in
Section 8. 108.020, temporary in nature, and is compatible with the
surrounding area and the Zoning District in which the use is located. Such
similar uses shall also be subject to any provisions applicable to the specific
use contained in Section 8. 108.020.
The Similar Uses category requires that the temporary land use adhere to the provisions for the
specific use that it is "similar" to including number of events, duration of events and all other
development standards and regulations established for the specific use. The Temporary Use
Permit Chapter does not address temporary land uses that are not specifically listed and are not
similar to a specifically listed temporary land use.
The proposed Zoning Ordinance Amendment would create a new "other" category with the
following development standards (see Attachment 1, page 7):
K. Other Temporary Uses. A temporary land use that is not otherwise
defined in Section 8.108.020 nor determined by the Community
Development Director to be similar to any of the specific uses contained in
Section 8. 108.020, may be approved as a temporary use of land subject
to the following conditions:
1. The use is temporary in nature and wQuld not exceed 30 calendar
days.
2. The use was not established by means of a Temporary Use Permit
within the last six (6) months.
Page 5 of 7
3. The hours of operation are between: 9 a.m. and 9 p.m. Monday
through Friday; 9 a.m. and 11 p.m. Saturday; and 9 a.m. and 6 p.m.
Sunday. Event set-up may begin no earlier than 8 a.m.
Loudspeakers or amplified music shall be limited to between 10 a.m.
and 9 p.m. Monday through Saturday.
4. The use would be compatible with the surrounding area and the
Zoning District in which it is located.
5. The use complies with the standard conditions established by the
Community Development Director.
A temporary land use that meets the above development standards would be processed
through a Temporary Use Permit.
Another proposed revision to the Temporary Use Permit chapter is to allow for deviations from
established development standards through a Minor Use Permit process (see Attachment 1,
page 7). Any temporary land use, including temporary land uses within the "other" category,
that cannot meet an established development ?tandard may apply for a Minor Use Permit.
FINDINGS:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and
all applicable Specific Plans in that the General Plan and applicable Specific Plans include
policies which support the development .of commercial uses and the proposed Zoning
Ordinance Amendments facilitate commercial development by bringing greater clarity and
consistency to existing commercial regulations related to accessory uses, parking, signage, and
temporary land uses.
PLANNING COMMISSION MEETING:
At the August 23, 2011 Planning Commission meeting, the Planning Commission reviewed the
proposed Zoning Ordinance Amendments. During the Public Hearing, four individuals spoke in
opposition to the proposed Zoning Ordinance Amendments. They raised concerns regarding
the proposed sign regulations, and concerns regarding the Amendments as they related to the
Sahara Market appeal (Attachment 4). The Planning Commission received public testimony,
deliberated and adopted Resolution 11-23 recommending City Council adoption of amendments
. to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking
and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use
Permit) of the Zoning Ordinance (Attachment 5).
CONCLUSION:
Staff is recommending that the City Council waive the reading and introduce an Ordinance
amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street
Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance (Attachment 6). The proposed amendments
bring greater clarity and consistency to the existing regulations and address the needs of the
community. -
Page 6 of 7
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in
being notified of meetings arid was also provided to all automobile/vehicle dealers, and the
individuals that addressed the Planning Commission on this item. The Staff Report for this
public hearing was also made available on the City's website. The City has received one
comment letter, with attachments, dated September 20, 2011 from a concerned Dublin resident
regarding the regulation of signage throughout the City (Attachment 7).
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
15061 (b)(3). Section 15061 (b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. Proposed Zoning Ordinance Amendments in
Stri kethrough/U nderl ine.
2. Community Development Director Determination and
Interpretation Letter dated June 10, 2011.
3. City Council Ordinance 21-10.
4. Draft Planning Commission meeting minutes dated August 23,
2011. .
5. Planning Commis.sion Resolution recommending City Council
adoption of amendments to Chapter 8.40, Chapter 8.76,
Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance.
6. Ordinance amending Chapter 8.40, Chapter 8.76, Chapter
8.84 and Chapter 8.108 of the Zoning Ordinance.
7.. Letter from Bruce Fiedler dated September 21, 2011.
Page 7 of 7
Chapter 8.40
Accessory Structures and Uses Regulations
Section 8.40~030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of
the Dublin Municipal Code is hereby amended to add the following:
8. Eating and Drinking Establishments. An Eating and Drinking
Establishment incidental to retail sales in Commercial Zoning Districts
where the Eating and Drinking Establishment, including food preparation
areas and seating areas, is 10% or less of the entire tenant space.
1 of 7
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
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Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin
Municipal Code is hereby amended as follows:
M. . Tenant Space With Multiple Functions. When a tenant space contains several
Use Types, the amount of parkinq to be provided shall be the total of that
required by Section 8.76.080 for each Use Type, except as otherwise provided
by Section 8.76.050 (Adjustment to the Number of Parkinq Spaces).
1. When a tenant space contains several Use Types for the exclusive use of
those enqaqed in the primary use and not otherwise available to the
qeneral public, the amount of parkinq to be provided shall be the total of
that required by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parkinq shall not be
required.
1. Large tenant space. VVhon 3 I3rgo ten3nt Sp3CO (as detormined by the
Director of Community Development) contains several use types, such as an
office, manufacturing, and a cafeteria, the amount of parking to be provided
shall be the tot31 of that requirod by Section 8.76.080 for each Use Type,
except as other\lvisG provided by Section 8:-76:-G€iQ below, I\djustment to the
Number of Parking Spaces.
2. Small tenant space. VVhen a small tenant space (as determined by the
Director of Community Development) contains sover31 use types, the amount of
parking to be provided for the tenant space shall be calculated as specified by
Section 8.76.080 for the prim3ry Use Type, except as other\ivise provided by
Soction 8.76.050 bolmv, Adjustment to Numbor of Required P3rking Sp3COS,
for the entire gross floeF-ar-ea--e:f....t.He ten3nt sp3ce.
Section 8.76.080.0 (Commercial Use Types) of Title 8 of the Dublin Municipal Code is
hereby amended as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Recreational F acilityllndoor
Other Per GW MUP
2 of 7
CHAPTER 8.84
SIGN REGULATIONS
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title
8 of the Dublin Municipal Code to read as follows:
O. FlaQs - AutomobileNehicle Sales. The term Flaqs - AutomobileNehicle Sales
shall mean a siqn constructed of cloth, canvas or another liqht fabric with or without a
riqid frame intended to be displayed on a reqular basis to advertise the business name.
P. FlaQs - Seasonal. The term Flaqs - Seasonal shall mean a siqn constructed of
cloth, canvas or another liqht fabric with or without a riqid frame intended to be displayed
for a limited period of time and/or chanqed on a reqular basis to coincide with holidays or
the four seasons of the year.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of
Title 8 of the Dublin Municipal Code is hereby amended as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type A R-1, R-2, C-N C-Q C-1 C-2 OOZO M-P, M-1,
R-M M-2
Awning r X zc ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community 10 X ZC ZC ZC ZC ZC ZC ZC
Electronic X X CUP CUP CUP CUP CUP CUP
Readerboard (PC) (PC) (PC) (PC) (PC) (PC)
FlaQs- Automobilel ~ ~ ZC ZC ZC ZC ZC ZC
Vehicle Sales
Freestanding 20' or r X zc X BP BP BP BP
Less in Height
Freestanding Greater X X X X SDR SDR SDR SDR
than 20' in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZCI ZCI ZCI ZCI ZCI ZCI ZCI ZCI
SDR SDR SDR SDR SDR SDR SDR SDR
. 3 of 7
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA)
Office Building Master X X ZC ZC ZC ZC. ZC ZC
ID
Off-Site Residential BP BP BP BP BP BP BP BP
Development
Directional
Off-Site Temporary L X ZC ZC ZC ZC ZC ZC
For Sale or Lease
Open House X Permitted X X X X X
Permanent Banner X X X X MSP/ MSP/ MSP/ MSP/
Sign SDR SDR SDR SDR
Projecting Sign L X BP BP BP BP BP BP
Service Station X X ZC X ZC ZC ZC ZC
Display Structure
Service Station Price X X ZC X ZC ZC ZC ZC
Sign
Special Easement L X ZC ZC ZC ZC ZC ZC
Temporary X ZC*** ZC ZC ZC ZC ZC ZC
Promotional (21 Days)
Tenant Directory X X BP BP BP BP BP BP
Wall L X BP BP BP BP BP BP
\.^Jindo'N X X gp gp gp gp gp
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin
Municipal Code is hereby amended as follows:
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number Height Area per Requirements Restrictions Regulations
No. of Signs Side in
Sq.Ft.
FlaQs - See See See Section See Section See Section See Section
Automobile/ Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F
Vehicle 8.84.050.F 8.84.050.F
Sales
Temporary P-ef Per Per Zoning Only on site on Per Zoning Maximum of
Promotional Zoning Zoning Clearance. which Clearance. 21
Section Clearance. Clearance. Banner business is consecutive
4 of?
8.84.050.T Two (2). signs shall located and calendar days
One (1) on not be larger shall not be per permit; 21
a tenant . than 60 located so that consecutive
buildinQ square feet. the sign is calendar day
frontaQe higher than the waiting period
and one eave of the between
(1) on the structure in permits.
street which the
frontaQe business is
or two (2) located.
on street
frontaQes
if more
than one ,
street
frontaQe
and siQns Temporary
are at Banners for
least 200- Temporary Apartment
Temporary feet apart. Banner for Communities
Promotional Apartment shall be
Banner for One (1) Communities allowed a
Apartment which shall maximum of
Section not exceed 90 days per
8.84.050.T 12 square calendar year
feet. in any time
configuration
desired.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is
hereby amended to add the following:
F. Flaqs - AutomobileNehicles Sales. AutomobileNehicle Sales FlaQs are
permitted in those ZoninQ Districts where AutomobileNehicle Sales are permitted subiect
to approval of a ZoninQ Clearance. AutomobileNehicle SalesFlaQs are subject to the
followinq:
1. AutomobileNehicle Sales Flaqsshall be located on the site where the'
business beinQ advertised is conducted. ,
2. The location of AutomobileNehicle Sales FlaQs shall be limited to private
property IiQht poles and shall not extend above the top of the liQht pole.
3. The number of AutomobileNehicle Sales FlaQs shall be limited to one (1) flaQ
per liQht pole, up to one-half of allliQht poles located on the site.
4. AutomobileNehicle Sales FlaQs shall be limited to a maximum of 20 square
feet and may be sinQle sided or double sided.
5. AutomobileNehicle Sales FlaQs shall have a clearance of eiqht (8) feet above
the qroundand fourteen (14) feet above a driveway. alley or other vehicular
access way. Noflaq shall proiect into a public riQht-of-wav.
5 of?
6. AutomobileNehicle Sales Flaqs shall be maintained in oood condition at all
times. Anv flao that is faded, torn or otherwise determined bv the Community
Development Director to not be in qood condition shall be removed upon
request and may be replaced subject to compliance with Section 8.84.050.F.
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-
one (21) consecutive calendar days per permit when used for special promotional
events or needs. A minimum waiting period of twenty-one (21) consecutive calendar
days between permits is required, with the exception of balloons as defined herein and
temporary banners for apartment communities. A Banner Sign shall not be larger than
60 square feet in size and the sign shall not be located so that the sign is taller than the
eave of the structure in which the business is located. One (1) temporary promotional
siqn may be displayed on a tenant's buildinq frontaqe and one (1) temporary
promotional siqn may be displaved on the street frontaqe. If there is more than one
street frontaqe, one (1) temporary promotional siqn may be displayed on each street
frontaoe (in lieu of the buildinq frontaqe), up to two street frontaoes, if the siqns are at
least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum
waiting period of twenty (20) consecutive calendar days between permits is required. In
addition, the duration in which banners may be displayed is limited to a maximum
duration of 90 days per calendar year. A temporary banner sign for apartment
communities shall not be larger than 12 square feet (see Section 8.84.020.B for
definition of apartment communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons
shall be tethere.d to the ground only with the bottom of the balloon on the ground and
shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly
or cumulatively shall be issued that allows any temporary promotional signs that
include balloons for more than 21 days per calendar year. Zoning clearance(s) may be
issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly
or cumulatively shall be issued that allows any temporary promotional sign(s) that
include searchlights for more than 21 days per calendar year. Zoning clearance(s) may.
be issued for periods less than 15 days.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code IS hereby
amended as follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal flaos.
6 of?
CHAPTER 8.108
TEMPORARY USE PERMITS
~''''''''''''''''"'C7,",","",;;""""~~"""""",,,,~_,'~~~''''''''''''''''''~':'''''''"'''";;'~'':'''"'''''''':'''''"'''-&_~""'~~~~""""':"~'~"""""""';"~~C'~_~~'~~",""'O""'''''''''''')''~
Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
K. Other Temporary Uses. A temporary land use that is not otherwise defined in
Section 8.108.020 nor determined by the Community Development Director to be
similar to any of the specific uses contained in Section 8.108.020, may be approved as
a temporary use of land subiect to the followinq conditions:
1. The use is temporary in nature and would not exceed 30 calendar days. .
2. The use was not established by means of a Temporary Use Permit within the last
six (6) months.
3. The hours of operation are between: 9am and 9pm Monday throuqh Friday; 9am
and 11 pm Saturday; and, 9am and 6pm Sunday. Event set-up may beain no
earlier than 8am. Loudspeakers or amplified music shall be limited to between
1 Oamand 9pm Monday throuqh Saturday.
4. The use would be compatible with the surroundinq area and the Zoninq District in
which it is located.
5. The use complies with the standard conditions established by the Community
Development Director. .
Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby
added as follows:
8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate
from a standard for any temporary land use contained in Section 8.108.020.
7 of?
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568
Website: http://www.dublin.ca.gov
June 10,2011
Mae Y ousofi & Solaiman Safi
Sahara Market
6783 Dublin Boulevard
Dublin, CA 94568
Brad Sanders
6787 Dublin Boulevard
Dublin, CA 94568
Re: Community Development Director Determination regarding Section8.76.040.M.2 (Small Tenant
Space) and Interpretation regarding Section 8.40.030.G.6 as they relate to the proposed Sahara
Market Expansion at 6783/6777 Dublin Boulevard
Dear Mr. Yousofi, Mr. Saft and Mr. Sanders:
In accordance with the provisions of the Dublin Zoning Ordinance the following determination and interpretation
have been made regarding the proposed expansion of Sahara Market:
Background
Sahara Market is located at 6783 Dublin Boulevard within a portion of the Dublin City Center commercial
center. Sahara Market is a' retaH store that sells groceries and is consistent with the definition for the "Retall-
General" Use Type.
In accordance with Section 8.76.080 (Parking Requirements by Use Type), a "Retail-General" Use Type
requires 1 parking space for every 300 square feet of gross floor area. Sahara Market occupies a 3,317 square
foot tenant space and requires 11 parking spaces.
Proposed Expansion
Sahara Market is proposing to expand their existing market by 2,400 square feet by adding a new office,
enlarging the existing food preparation area, adding a check out counter and establishing a new seating area
where customers can purchase prepared food for on-site consumption, similar to an "Eating and Drinking
Establishment" Use Type.
In accordance with Section 8.76.080 (Parking Requirements by Use Type), an "Eating and Drinking
Establishment" Use Type requires 1 parking space for every 100 square feet of floor area accessible to
customers and 1 parkIng space for every 300 square feet of floor area not accessible to customers. The
Sahara Market expansion is 2,400 square feet and would require 21 parking spaces.
Tenant Spaces with Multiple Functions
The proposed expansion of Sahara Market includes two Use Types, "Retail-Genera!" and "Eating and Drinking
Establishment". Section 8.76.04Q,M (Tenant Space with Multiple Functions) sets forth how parking is
determined for a tenant space with multiple functions, A Large Tenant Space is required to be parked for each
Area Code (925) . City Manager 833-6650 . City Council, 833-6650 . Personnel 833-6605 . Economic Development 833-6650
Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Community Services 833-6645 . Police 833-6670
Planning/Code Enforcement 833-6610' Building Inspection 833-6620' Fire Prevention Bureau 833-6606
Use Type whereas a Small Tenant Space is parked for the primary Use Type only. The Director of Community
Development has the authority to determine whether a tenant space with multiple functions is a Large Tenant
Space or a Small Tenant Space.
Chapter 8.76 does not provide a lot of guidance in distinguishing between a Large Tenant Space and a Small
Tenant Space; therefore, Chapter 8.40 (Accessory Uses and Structures) was consulted. Section 8.40.030.G
(Permitted Commercial and Industrial Accessory Uses) identifies retail safes as an accessory use to wholesale
sales in Industrial Zoning Districts when the retail sales space is 10% or less of the entire wholesale sales
space.
Interpretation of an Accessory Use
While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning District,
Section 8.40-.030.G.6 provides guidance regarding the size or intensity of accessory uses in similar situations.
The Sahara Market expansion is a similar situation in that it is a retail market that would like to establish an
accessory use (a restaurant) which is more intense than the primary use (retail market). Therefore, the
Community Development Director interprets that an accessory use to the Sahara Market may be up to 10% of
the total tenant space.
Determination as Small Tenant Space
The Community Development Director has determined that the expanded Sahara Market is a Small Tenant
Space, In accordance with Section 8.76.040.M, and shall be parked as a "Retail-General" Use Type at 1
parking space for every 300 square feet of the gross floor qrea. The seating area and combined food
preparation areas are an accessory use and the area of such uses shall not exceed 10% of the total square
footage of the entire tenant space. The total square footage of the entire tenant space is 5,517 square feet; a
maximum of 10% of the tenant space, 552 square feet, may therefore be utilized for food preparation and
customer seating as an accessory use to the retail market. As such, the entire tenant space would be parked
at 1 parking space for every 300 square feet of building area and would require 18 parking spaces.
If you have any questions please do not hesitate to contact me at (925) 833.6610.
Very Truly Yours,
LV~
J~ AICP
Community Development Director
Cc: Jeff Baker, Planning-Manager
Mamie R. Waffle, Senior Planner
Mae Yousofi, Sahara Market myousofi~gmai1.com
So!aiman Saft, Sahara Market safisaI12~vahoo.com
Brad Sanders, farsand 1 @gmail.com
Area Code (925) . City Manager 833-6650 . City Council 833~6650 . Personnel 833-6605 . Economic Development 833-6650
Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Communily Services 833-6645 . Police 833-6670
Planning/Code Enforcement 833-6610' Building Inspection 833-6620' Fire Prevention Bureau 833-6606
ORDINANCE NO. 21 - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE
PLP A-201 0-00045
WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify
the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of
temporary uses and to be more flexible on the location and duration of appropriate temporary
uses; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on September 28, 2010 and adopted Resolution 10-46 recommending that the City
Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on October
19,2010; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council hereby finds that the amendments to the Zoning Ordinance are consistent with the
Dublin General Plan; and
WHEREAS, the City Council did hear and ,use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15601 (b) (3). Section 15601 (b) (3) states that CEQA applies only to
those projects that have the potential to cause a significant effect on the environment. This
adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself,
allow the construction of any building or structure, but rather sets forth the regulations that shall
be followed if and when a building or structure is proposed to be constructed or a site is
proposed to be developed. Therefore, this ordinance of itself, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
Section 2:
Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code is hereby amended to
read as follows:
Ord. No 21-10, Adopted 11/2/10, ltem42
Page 1 of 7
CHAPTER 8.108
TEMPORARY USE PERMIT
8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards
and are acceptable because of their temporary nature. The permitted minor
temporarY land uses are those specified in Section 8.108.020 and other temporary
land uses determined to be similar by the Director of Community Development
Rev. Ord. 20-06 (November 2006)
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits
must conform to the following standards to be approved. No Temporary Use
Permit may be renewed unless otherwise indicated by this Chapter: Rev. o rd.
17-99 (6/1/99)
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which
are handmade or hand-crafted items for sale by the original artist. Fairs may only be
conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or non-profit non-restrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during a one-year period, subject to standards
established by the Director of Community Development
B. Automob.i1e Dealership Promotional Tent Sales. A temporary event promoting auto
sales. A Promotional Tent Sale shall be permitted subject to the following conditions:
1. The duration of Automobile Dealership Promotional Tent Sales for anyone
dealership shall be limited to a maximum of 70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents utilized during an Automobile
Dealership Promotional Tent Sale at an auto dealership site at anyone time shall be
no more than 2,000 square feet
4. The location of temporary tents shall be subject to review and approval by the
Planning Division, Building Division, Public Works Department, and Fire Prevention
Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent
7. Promotional Tent Sales shall be subject to standards established by the Director of
Community Development
C. AutomobileNehicle Storage Lots. An AutomobileNehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial zoning districts or comparable PO, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of
one (1) continuous year between permits is required. The storage of vehicles shall be
limited to those vehicles belonging to an established Dublin based business. The
storage lot shall not be open to the public nor shall any sales transactions take place at
Ord. No. 21-10. Adopted 11/2/10, Item 4.2 Page 2 of 7
the approved storage lot location. A maximum of one' temporary use permit shall be
granted per location. For the purposes of this subdivision, "location" shall refer to an
address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Development. A temporary use permit shall be denied if it is
determined that the AutomobileNehicle Storage Lot would eliminate parking required for
another use pursuant to Chapter 8.76 of this Code. In no case shall an
AutomobileNehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway is heavily traveled shall be determined by the Director of
Community Development. The establishment and operation of the use must comply with
all standards developed by the Director of Community Development.
D. Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as
a temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of 5 consecutive days, including setup and break down, and no business or
sponsor may participate in more than 2 events during a one-year period, subject to
standards established by the Director of Community Development.
E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of
60 days subject to standards established by the Director of Community Development.
F. Construction-Related Temporary. Uses. The following types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Construction Trailer. A Temporary Construction Trailer located on a
development site and utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storage Container. This use includes metal shipping containers used
for the storage of materials. A temporary storage container associated with
construction that meets all of the following conditions:
a) Temporary storage container in conjunction with remodeling or reconstruction
work at a project site with an active building permit and shall be located on the
project site. For construction on a single parcel (not part of a larger development
project), a Temporary Use Permit can be issued for a maximum of 90 days, with
the option to renew at the Applicant's request if the project still has a valid building
permit and substantial progress is being made towards completion of the project.
The Applicant may request a 90-day extension but must provide proof of recent
building inspections or other demonstration of progress.
- b) Container must be located on private property, and may not be located in the
public right-ot-way.
c) Container must be located on a paved surface.
d) Container may be located in the rear yard.
e) No more than one container per residential parcel is permitted.
f) Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
Ord. No. 21-10, Adopted 11/2/10, Item 42
Page 3 ot 7
3. Construction Equipment Storage Yard. A construction equipment storage yard
includes both storage containers and construction equipment associated with
construction on a commercial, industrial, or residential project site subject to the
standards established by the Director of Community Development, on the same
premises. A construction equipment storage yard shall be located on the project site.
G. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell directly to consumers,. Each
individual Farmers Market shall be limited to one day per week subject to standards
established by the Director of Community Development
H. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School
Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2
consecutive days and shall not occur in the same location more than 2 times a year,
subject to standards established by the Director of Community Development.
I. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspapers by the general public may be permitted for a period not to
exceed one year subject to standards established by the Director of Community
Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood
group, or by a Dublin-based non-profit, non-restrictive civic or service organization if it is
located on the site of a lawfully existing principal use. This permit may be renewe.d by
means of another Temporary Use Permit.
J. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period
of construction or remodeling of a permanent commercial or industrial structure(s) , .for
which a valid building permit is in force, in any Commercial or Industrial zoning district
subjectto standards established by the Director of Community Development.
K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a
maximum of 4 consecutive days, with a maximum of 2 such events during a calendar
year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do not involve the commercial sale of merchandise, but are
promotional in nature or for charitable or fund raising purposes. Examples of Outdoor
Events by an Established Business include car shows hosted by non-auto oriented
businesses or similar events
L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an
Established Business shall be limited to a maximum of 4 consecutive days, with a
maximum of 6 such events during a calendar year. A minimum waiting period of 3
consecutive calendar days between Temporary Use Permits is required Each outdoor
Sales event by an established business shaH be subject to standards established by the
Director of Community Development. Rev. o rd. 20-06 (November 2006). Parking lot
sales shall not utilize more than 10% of the required parking for the business.
M. Outdoor Skating Rink. An outdoor skating rink may be permitted subject to the
following conditions:
1. . Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
Ord. No. 21-10, Adopted 11i2!10.llem 4 2
Page 4 of 7
2. Outdoor skating rink shall not utilize more than 10% of the required parking for the
business where the outdoor skating rink is located,
3. Outdoor skating rinks shall be subject to standards established by the Director of
Community Development
N. Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days subject
to standards established by the Director of Community Development.
O. Similar Uses. A use that is, in the determination of the Community Development
Director, similar to any of the specific uses contained in Section 8.108.020, temporary in
nature, and are compatible with the surrounding area and the Zoning District in which the
use is located. Such similar uses shall also be subject to any provisions applicable to the
specific use contained in Section 8,108,020,
P. Storage Container (Non-Residential). This use includes metal shipping containers
used for the storage of materials, and does not include containers associated with
construction or located in a Residential Zoning District. The permit may be for one
container per business or parcel for no more than one year subject to standards
established by the Director of Community Development and may be renewed by means
of another Temporary Use Permit. Letters must be submitted certifying that the Alameda
County Department of Environmental Health the Alameda County Fire Department and
appropriate City Departments have given approval of the materials stored and the
methods used before the permit will be issued
Q. Storage Container (Residential). This use includes metal shipping containers used for
the storage of materials, and does not include containers associated with construction. A
Temporary Storage Container may be permitted for a maximum time period of 30 days
per calendar year if used for the purposes of storing materials relating to home
improvement projects that do not require a building permit. This Temporary Use Permit
is subject to the following conditions
a, Container must be located on private property, and may not be located in the public
right-of.:way.
b, Container must be located on a paved surface,
c, Container may be located in the rear yard,
d No more than one container per residential parcel is permitted.
e. Construction-Related Temporary Storage Containers shall be subject to standards
established by the Director of Community Development.
R. Temporary Mobile Home/Manufactured Home. Occupancy - of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to. standards
established by the Director of Community Development in any Agriculture or Residential
zoning district.
S. Tract and Sales Office/Model Home Complex. This use includes tract and sales
offices and model home complexes within approved developments, and accessory signs,
landscaping, and parking facilities. This temporary use is in effect during the period of
construction and original sale of the buildings or .lots in a new development subject to
standards established by the Director of Community Development.
Ord. No. 21-10. Adopted 11/2/10, Itene 4.2 Page 5 of 7
8.108.022 Type of Temporary Use Permits: Major and Minor
A. Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any
temporary use listed in Section 8.108.020 that, due to its size, location, or hours of
operation, requires City of Dub!in Staff to be on site during the event or duration of the
temporary use, to monitor the event in some way, or to conduct inspections not covered
through another permit shall be required to obtain a Major Temporary Use Permit.
Examples of temporary uses requiring a Major Temporary Use Permit include an event
which draws so many participants that lanes of traffic are closed and safety personnel
are required to be on hand to direct traffic into parking areas.
B. Minor Temporary Use Permit. All other types of Temporary Uses listed In Section
8.108.020 shall be required to obtain a Minor Temporary Use Permit.
8.108.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written
description of the proposed temporary use with hours and duration of operation,
the written authorization by the property owner, and a diagram of the proposed
temporary use (including pedestrian and automobile circulation) and other
information as may be required by the Director of Community Development. The
Director of Community Development will determine whether the Temporary Use
Permit is major or minor for the purposes of fee payment.
8.108.040 Approval. The Director of Community Development or his/her designee may
approve a Temporary Use Permit upon finding that the project meets all standards
established by the Director of Community Development for that permit, including
but not limited to, compliance with applicable requirements of the State of
California, review and approval by City Departments, compliance with other local
codes and ordinances: and meets the requirements of this Title on forms
approved by the Director of Community Development.'
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire
upon the date shown on the stamped approved diagram and/or written statement
accompanying the application.
Section 3:
Severability. The provisions of this Ordinance are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions. clauses. sentences; sections, words, or parts
thereofof the ordinance or their applicability to other persons or circumstances.
Section 4:
Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after
the date of its final adoption.
Ord. No. 21-10, Adopted 11/2/10 Item 4.2
Page 6 of 7 .
Section 5:
Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BYthe City Council of the City of Dublin on this
2nd day of November 2010, by the following votes: .
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
~~
Mayor
ATTEST:
Cawlr~
City Clerk
Ord. No. 21-10, Adopted 11/2/10. Item 4.2
Page 7 of7
DRAFT
DRAFT
Planning Commission Minutes
Tuesday, August 23, 2011
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 23,
2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting
to order at 7:01 :32 PM
Present: Chair Brown; Vice Chair Wehrenberg; Commissioners O'Keefe and Bhuthimethee; Jeff
Baker, Planning Manager; Kit Faubion, City Attorney; Mamie Waffle, Senior Planner; and Taryn
Bozzo, Recording Secretary. .
Absent: Commissioner Schaub
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Vice Chair Wehrenberg, seconded by
Cm. Bhuthimethee the minutes of the August 9, 2011 meeting were approved.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS-
8.1 PLPA-2011-00026 Zoning Ordinance Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.1 08 (Temporary Use
Permit) .
Mamie Waffle, Senior Planner presented the project as outlined in the Staff Report.
Jeff Baker, Planning Manager stated that there is supplemental information for the Planning
Commission in the form of an SB 343 sheet with an email from Brad Sanders, a property owner
in Dublin. He stated that Mr. Sanders provided more information on the dais in the form of
Exhibits to his email for each Commissioner to view.
Vice Chair Wehrenberg asked if Staff has experienced issues with seasonal flags.
Ms. Waffle stated that there have not been issues; however, Staff has experienced an increase
in requests from various shopping centers to display such signage. She stated that the City
does not currently have any provisions that would allow seasonal flags.
Vice Chair Wehrenberg asked if Staff included a display timeframe in the regulations, as far as
how long the seasonal flags may be displayed.
Plilnning Commission
'Rggu!iJr :Meeting
}lugust 23, 2011
106
"'"
DRAFT . DRAFT
Mr. Baker replied that no specific timeframe was included as the flags are intended to be
seasonal in nature and/or reflect the holidays.
Vice Chair Wehrenberg stated that she would like to consider including a display timeframe as
flags for certain seasons may be displayed prematurely.
Vice Chair Wehrenberg asked if window film with graphics needs to be addressed in the
amendment to Chapter 8.84, Sign Regulations as it is becoming more popular with businesses.
Mr. Baker clarified that the Regulations currently allow 25% window coverage. He stated that
City Council reviewed what the City currently provides for window coverage regulations in June,
2011 and did not make any modifications to the current policy.
Chair Brown confirmed that Vice Chair Wehrenberg wants to consider having a specific display
timeframe for seasonal flags.
Cm. Bhuthimethee asked if the City is regulating the colors of signage, like day-glow or neon
colors, specifically for window coverings.
Ms. Waffle replied no.
Cm. O'Keefe asked, in regards to amending Chapter 8.40, if there was a discussion regarding
what percentage of an existing food preparation area would be allocated towards a new use if a
grocery market wanted to expand and include a seating area.
Ms. Waffle replied that the proposed amendment does not distinguish between new or existing
food preparation areas and includes seating and food preparation areas as a whole.
Mr. Baker confirmed that Staff has not distinguished between existing and new food preparation
areas. He stated that restaurants typically have both seating and food preparation areas and
the intent of the Regulation is to assist in determining parking requirements.
Mr. Saker clarified that if the seating and food preparation areas, combined, occupy less than
10% of the entire tenant space, it would be considered an Accessory Use and not require
additional parking; however, if it occupies more than 10% of the entire tenant space, then the
seating area requires Restaurant use parking at 1 per 100 square feet of seating area, and the
food preparation area requires Retail use parking at 1 per 300 square feet.
Chair Brown confirmed with Ms. Waffle that Temporary Promotional Signs are currently allowed
to be displayed for 21 days then have to be removed for 21 days.
Chair Brown asked if Staff regulates the content of thE1 temporary signs displayed.
Mr. Baker replied no. He clarified that, currently, the Regulations do not restrict the number of
temporary signs a business can have and the intent of the proposed amendment is to limit the
number of temporary signs a business is allowed to display at one time.
Vice Chair Wehrenberg asked if Temporary Promotional Sign applicants have to submit an
example of the signage they are displaying when applying for a permit, specifically referring to
the colors they are using.
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Mr. Baker replied that the City does not currently regulate content in colors, specifically. He
clarified that the seasonal flags, as it's currently proposed, would not require a permit as long as
the. standards are met. He further clarified that window signs do not currently require a permit.
Chair Brown opened the public hearing.
Bruce Fiedler, Dublin resident, spoke in opposition of the Zoning Ordinance Amendments. Mr.
Fiedler presented materials for the Commission's review such as the minutes from the 1999
Vehicle Dealership Signage Committee meeting; photos of businesses that had what they.
consider to be extensive and/or day-glow window signs; a chart that lists the effects he believes
the Amendments would have if adopted; and a 16 square-foot item to show the approximate
maximum size of Temporary Promotional Sign.
Mr. Fiedler stated that, in regards to flags being allowed for AutomobileNehicle Sales, he feels
there are several other businesses within the City that may want the same option.
Kit Faubion, City Attorney, briefly described the handout given to the Planning Commission by
Mr. Fiedler, stating that the handout appears to have a number of questions that Mr. Fiedler
intends to raise regarding signage; a tally of light posts, plus or minus a few, in the Dublin
Automotive Sales locations; comments on the results of the proposed Ordinance amendments;
and Dublin Non-Auto Sales Businesses which might want more signs.
Mr. Fiedler stated that he feels the City of Dublin will do well to have appropriate regulations of
what sometimes appears to be commercial graffiti. He further stated that, regarding Automotive
Sales, a local Mercedes Benz dealership does not post any flags for advertisement and still
remains successful in their sales.
The Commission reviewed the materials and had no questions.
Jay Fink, Sahara Market, stated that he feels the proposed Amendments should be deferred
until Sahara Market's appeal is settled. He stated that he believes the proposed Amendments
were initiated because of the June 10, 2011 determination letter by the Community
Development Director which is currently on appeal. He further stated that if the Amendments
are adopted, he feels the Commission would not have the benefit of hearing the appeal
arguments as new Regulations would be in effect and he would then have to argue the new
Regulations which is unfair.
Mr. Fink read a prepared statement indicating the proposed Amendments would create more
confusion and less consistency. He stated that the Eating and Drinking Establishments should
not include the food preparation area as it would be difficult to determine what a food
preparation area is, specifically for grocery markets. He further stated that he feels 10% for an
Accessory Use is restrictive and he has found that most cities allow at least 25% for an
Accessory Use,'
Vice Chair Wehrenberg clarified that when Sahara Market asked for a continuance at the.
August 9, 2011 Planning Commission meeting, they risked these Amendments being adopted
before their appeal was settled.
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Moe Yousofi, Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr.
Yousofi agreed with Mr. Fink, stating that the proposed Amendments should be deferred until
Sahara Market's appeal is settled. He stated that if the Amendments are adopted, he feels the
food preparation area should be omitted from the requirements.
The Commission had no questions.
Brad Sanders, landlord for Sahara Market, spoke in opposition to the Zoning Ordinance
Amendments. Mr. Sanders agreed that the proposed Amendments should be deferred until
Sahara Market's appeal is settled. He stated that he and the City have agreed to try and work
out the issues regarding the appeal but is upset that he was not notified about the hearing
regarding the Amendments. He further stated that the Amendments were initiated by Sahara
Market's determination letter which had no initial findings, no analysis and no justifications.
Mr. Sanders stated that the 10% requirement for seating and food preparation areas has no
basis of findings. He stated that if the Amendments are adopted, he feels the food preparation
area should be omitted from the requirements.
The Commission had no questions.
Chair Brown closed the public hearing.
Cm. Bhuthimethee asked, regarding amending Chapter 8.84, if colors for signs would be
regulated and why Staff has not included such regulations.
Mr. Baker stated that the City does not currently regulate colors of signs because of certain First
Amendment issues related to the content of signs. He further stated that the Ordinance does
discourage the use of white acrylic panel because of discoloration over time.
Cm. Bhuthimethee asked if the Ordinance could discourage the use of day-glow or neon colors.
Ms. Faubion stated that regulating content and colors of signs can initiate issues with a
business's trademark and the City cannot regulate trademarks. She stated that regulating
content and colors of signs would be difficult to navigate without running into First Amendment
Rights. She further stated that she believes discouraging the white acrylic panel is a glare
issue.
Cm. Bhuthimethee stated that some would argue that day-glow or neon colors would cause a
glare issue as well.
Ms. Waffle clarified that the discouragement of the white acrylic panel refers to background color
for signage and is only discouraged when a sign is illuminated.
Vice Chair Wehrenberg stated that, in response to Mr. Fiedler, the City of Dublin adopted the
Master Sign Program to answer most of his larger questions. She stated that she feels it is a
good thing to include the restrictions being proposed.
Vice Chair Wehrenberg confirmed with Mr. Baker that LCD/LED electronic signs are currently
restricted and only allowed by applying for a Conditional Use Permit. Mr. Baker confirmed that
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Staff is not currently proposing' any amendments to the regulations regarding LCD/LED
electronic signs.
Vice Chair Wehrenberg stated that she takes no issue with the Amendments, except wanting to
have a display timelinefor seasonal flags. She clarified that she would look to Staff for direction
on implementing such a timeline.
Vice Chair Wehrenberg stated that, regarding the food preparation area, a restaurant is a type
of use and the food preparation area would be shown on plans in the planning stages; therefore,
it should be included in the Regulations. She stated that some of the documentation provided
by Mr. Sanders did not seem applicable based on the particular City's rules and the project
being referred to. She further stated that she feels there is more discussion that needs to be
had between Staff and the Applicant to ensure that the,Applicant understands the process
required to try and work out issues.
Cm. O'Keefe agreed that more discussion needs to be had between Sahara Market and Staff.
He asked if Staff could clarify regarding Mr. Sanders not being notified about the hearing
regarding the Amendments being proposed.
Mr. Baker replied that Mr. Sanders was made aware of the hearing during negotiations that
occurred before the August 9, 2011 Planning Commission meeting. He stated that the City's
ultimate goal is to have Sahara Market open as soon as possible, however, their opening is
being held up by issues that the Property Owner has with the use of his property and how
parking is determined. He clarified that the City is trying to find a global solution that would
resolve the Property Owner's issues and allow Sahara Market to open quickly. Mr. Baker
clarified that the proposed Amendments are part of that solution and the City is working to
streamline the process as much as possible. He stated that this solution and the proposed
Amendments and current Planning Commission meeting were discussed and agreed to with Mr.
Sanders.
Cm. O'Keefe asked why Staff did not provide more clarification in the proposed Amendments
regarding existing food preparation areas versus new food preparation areas.
Mr. Baker replied that the City is trying to create a standard to address parking for a tenant
space that contains more than one use. He stated that a business expanding to include a
restaurant requires seating and food preparation; therefore, more parking is needed to
accommodate the increased demand.
Mr. Baker reiterated that if an Accessory Use has less than 10% occupancy of seating and food
preparation area, the parking would not be affected; however, if that use is more than 10%, it
would not be considered an Accessory Use and the seating area would require 1 parking space
per 100 square feet, similar to a Restaurant, and the food preparation area would require 1
parking space per 300 square feet, similar to Retail.
. Cm. O'Keefe stated that he understands an Eating and Drinking Establishment increasing the
intensity use and, therefore, requiring more parking.
Cm. Bhuthimethee stated that she feels there are some establishments where food preparation
areas should be included in the 10% Accessory Use requirement, such as a hardware store
adding a restaurant component; however, it should be different for a use such as a grocery store
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which would have food preparation areas but no seating. She stated that she does not feel food
preparation areas should be included in the 10%.
Cm. O'Keefe stated that he does not feel food preparation areas should be excluded completely
as sometimes the food preparation area already exists.
Vice Chair Wehrenberg stated that a food preparation area is an element that every restaurant
has, therefore it needs to be included. She stated that she feels it would add more confusion in
the future if it was not included. She clarified that the component of a use changes when
seating is added. She stated that once a seating area is added, the parking ratio gets adjusted
because you are allowing for more customers.
Chair Brown stated that he finds the Amendments to bring more clarity and consistency to the
existing Regulations. He stated that he feels it addresses. the needs of the community and
would like to see Sahara Market open quickly and prove successful. He further stated that he
believes the Amendments help to promote and satisfy the ultimate solution for Sahara Market as
well as provide solutions for future businesses.
Chair Brown stated that he did not feel any changes needed to be made to the Amendments
aside from Vice Chair Wehrenberg's request for a display timeline for seasonal flags
Mr. Baker stated that, as proposed, seasonal flags would be exempt from permitting. He stated
that if the Commission wished to regulate a display timeframe, Staff would recommend that the
seasonal flags be subject to something similar of a Temporary Promotional Sign permit to
ensure that Staff is aware of the display and how long it is displayed.
Vice Chair Wehrenberg stated that she does not wish to make the process more difficult for
businesses and is willing to strike the request for a display timeline.
Chair Brown concurred with Vice Chair Wehrenberg.
On a motion by Vice Chair Wehrenberg and seconded by Cm. O'Keefe, on a vote of 4-0-1, with
Cm. Schaub being absent, the Planning Commission unanimously adopted
RESOLUTION NO. 11-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLP A-2011-00026
Pfanning Carmnission
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August 23, 20p
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DRAFT DRAFT
8.2 PLPA-2011-00020, All American Label Site Development Review for a 4,456 square foot
addition to an existing 23,994 square foot building at 6958 Sierra Court
Jeff Baker, Planning Manager, presented the project as outlined in the Staff Report.
Vice Chair Wehrenberg asked what the storage area is being used for and if there is any risk
that may require it to be reviewed by the Fire Department.
Mr. Baker replied that he feels the Applicant may be better suited to address that question. He
stated that Court Order currently states that the storage area is not to be used while litigation is
ongoing.
Cm. O'Keefe asked if there are any sites in the Industrial (M-1) zoning area that currently
exceed the Floor Area Ratio (FAR).
Mr. Baker replied yes, stating that many of the buildings on Sierra Court were built before the
City was incorporated or before the 1992 General Plan Amendment which established the
minimum and maximum FAR. He stated that there are potentially buildings that exceed the
maximum 40% FAR and they are considered Legal, Non-Conforming.
em. O'Keefe asked what the current day, negative impacts would be of existing buildings
exceeding the 40% FAR.
Mr. Baker replied that those buildings would allow for greater density and intensity of use than
what is envisioned by the Community.
Chair Brown opened the public hearing.
Guy Houston, representing All American Label, spoke in favor of the Applicant. He stated that
the issue regarding Emergency Vehicle Access (EVA) has been addressed and a plan for
access has been submitted. He further stated that the Applicant considers this issue closed.
Mr. Houston stated that the Applicant's request is not in violation of the General Plan. He stated
that the 1985 General Plan did not mandate a 40% FAR and was descriptive but not mandatory
in nature. He further stated that the General Plan policy in 1992 remained unchanged, stating
that, "the changes do not affect the policy direction of the Plan and remains as in 1985."
Mr. Houston stated that the intent of the City Council in 1992 was clear and no changes in the
descriptive nature were made, therefore the 40% FAR is not mandatory.
Mr. Houston stated there are currently 17 buildings on Sierra Court that exceed the 40% FAR.
He stated that Legal, Non-Conforming use affects a building's use, property values, saleability,
and financing capabilities.
The Commission had no questions.
Brad Brown, Applicant, stated that the storage space would be used solely for storage and
would not be used to store machinery of any kind. He stated that the only way to increase his
business and continue as a viable manufacturer is to have the extra storage space, exceeding
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the current FAR. He stated that he wishes to keep his business located in Dublin and will do
what he needs to work successfully with Staff.
Vice Chair Wehrenberg asked Mr. Brown if he was the original applicant for the unenclosed
storage area SDR/CUP in 2008.
Mr. Brown replied yes.
Vice Chair Wehrenberg asked why the storage area was not built as approved by the Planning
Commission in November, 2008.
Mr. Brown replied that it was a bad decision to move forward with an enclosed storage area. He
stated that his business cannot survive without the current storage area and additional FAR.
Jeff Main, owner of 6955 Sierra Court, spoke in support of the Applicant. Mr. Main stated that
his building exceeds the FAR because it was established 31 years ago and he could not be
successful without the extra space. He stated that All American Label provides business and
money for the City and as long as the storage area is built correctly and safely, it should be able
to remain as-is.
The Commission had no questions.
Steve Popelar, Dublin resident and owner of 6700 Sierra Lane, spoke in favor of the Applicant.
Mr. Popelar stated that All American Label is vital for the success of his own company, Label
Concepts. He stated that without All American Label, businesses will suffer and the effect on
other Dublin businesses is something the Commission should consider.
The Commission had no questions.
Chair Brown closed the public hearing.
Cm. O'Keefe asked how many times the issue of exceeding FAR has come before the Planning
Commission.
Vice Chair Wehrenberg stated that the Commission has seen the issue in the past but it usually
addresses housing developments, such as a resident wanting to add a canopy or shade
structure.
Mr. Baker stated that it is not unheard of for someone to want to expand their building but find
that they cannot exceed the FAR; however it is not typically in a situation such as All American
Label's.
Chair Brown opened the public hearing.
Mr. Houston agreed that it is unlikely for someone to build something and then come back for
approval; however, in East Dublin the FAR requirement was changed to 50% which caused the
lower FAR, such as in Industrial (M-..:1) zoning districts, to be inadequate.
Chair Brown closed the public hearing.
PlOnning CommissUm
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Cm. O'Keefe stated that he understand the spirit of the original General Plan and agrees that
there has to be regulation for FAR; however, manufacturing is very different today than it was in
1985 and 1992, and there are existing buildings exceeding the 40% FAR. He stated that the
Applicant 'is not proposing to be the largest exceeder of FAR and the storage area they have
built will allow them to be more competitive in their industry.
Mr. Baker clarified that the question before the Commission is do they find the project to be
consistent with the General Plan, do they agree that the General Plan has a maximum'FAR and
does the project exceed the standard that is in the General Plan.
Cm. O'Keefe stated that the General Plan is descriptive in stating that the 40% FAR is not
mandatory, therefore he finds that the Commission could find the project to be consistent with
the General Plan.
Vice Chair Wehrenberg asked if a decision in the pending lawsuit would overrule any
determination made by the Commission. She asked why there is a difference in FAR between
East and West Dublin.
Ms. Faubion stated that the pending lawsuit is based on the Code Enforcement issue which is
separate from the General Plan conformance determination being considered by the
Commission.
Mr. Baker clarified that that the maximum FAR for Industrial zoning districts in East Dublin is
35%. He further clarified that although the Applicant has submitted plans regarding the
Emergency Vehicle Access, they have yet to be reviewed and approved by Staff.
Cm. Bhuthimethee stated that she is in support of many businesses on Sierra Court and
appreciates the comments regarding the FAR. She stated that the City has a General Plan that
creates general regulations for a reason. She further stated that if those plans and regulations
are not followed, bad consequences can arise.
Cm. Bhuthimethee agreed with Staff's recommendations.
Chair Brown stated that existing businesses are very valuable and the City encourages them to
grow; however, they are still required to adhere to the law which, in this case, states that the
maximum FAR is 40%. He stated that he agrees that the maximum FAR of 40% may not be
high enough; however, that can be considered for amendment at another time.
Ms. Faubion clarified the language of mandatory versus descriptive, stating that the General
Plan statute does require that there be standards of building intensity and the General Plan was
required to have those standards in 1992 with language that is similar to the language that
exists today. She stated that to prevent concerns regarding the General Plan, the Commission
would want to recognize that building intensity is a mandatory element and it is, present in the
General Plan.
Cm. O'Keefe stated that regardless, buildings exce~ding 40% FAR still exist.
Cm. Bhuthimethee replied that those buildings were grandfathered in because they were
established before the 40% maximum FAR was implemented.
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Vice Chair Wehrenberg agreed with Cm. Bhuthimethee stating that unless those businesses
exceeding 40% FAR come to the City needing a revision to their area, then the current
maximum would be considered when reviewing the project.
Mr. Baker clarified that the City does currently require a General Plan Amendment for any
business that wants to exceed the 40% FAR.
Vice Chair Wehrenberg agreed with Cm. Bhuthimethee in regards to the General Plan being put
into place for a reason. She believes the General Plan is sufficient in its description and clarified
that there is a process in place to amend the FAR if needed.
On a motion by Cm. Bhuthimethee and seconded by Vice Chair Wehrenberg, on a vote of 3-1-1,
with Cm. Schaub being absent, the Planning Commission adopted:
RESOLUTION NO. 11- 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING SITE DEVELOPMENT REVIEW FOR A 4,456 SQUARE FOOT ADDITION TO AN
EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT
PLPA 2011-00020 (APN 941-2576-'006)
Mr. Baker reminded the Applicant that there is a ten-day appeal period.
NEW OR UNFINISHED BUSINESS -
Mr. Baker advised the Commission that a new Assistant Planner, Seth Adams, was hired and
will start on Monday, August 29, 2011.
Mr. Baker confirmed with the Commission that there are currently no agenda items for the
September 13, 2011 meeting so the next Planning Commission meeting is scheduled for
September 27, 2011.
OTHER BUSINESS - NONE
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
P&nnin.g Commission
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ADJOURNMENT - The meeting was adjourned at 8:50:02 PM p.m.
ATTEST:
Jeff Baker
Planning Manager
G:\MINUTES\2011\PLANNING COMMISSIONl08.23.11 DRAFT PC Minutes.doc
Respectfully submitted,
Alan Brown
Chair Planning Commission
DRAFT
p{anning Commifsion
C}?ggu{ar ?feeting
116
j!ugust 23, 2011
RESOLUTION NO. 11-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN.
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses
Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail
sales; and
WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading
Regulations) as it relates to tenant spaces with multiple functions and parking requirements for
other Indoor Recreational Facilities not specifically listed in Section 8.76.080.0; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it
relates to other temporary land uses not specifically defined and deviating from established
development standards; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance
be found exempt from CEQA per CEQA Guidelines Section 15061 (b)(3). Section 15061 (b)(3)
states that CEQA applies only to those projects that have the potential to cause a significant
effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately;
and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
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WHEREAS, the Planning Commission held a public hearing on said application on
August 23, .2011; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth and used its independent judgment to
evaluate the project.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the
reasons discussed in the staff report and based on the findings in the attached draft Ordinance,
recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated
herein by reference.
PASSED, APPROVED AND ADOPTED this 23rd day of August 2011 by the following vote:
AYES:
Brown, Wehrenberg, Bhuthimethee, O'Keefe
NOES:
ABSENT: Schaub
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2011\PLPA-2011-00026 Zoning Ordinance Amendments, Update 1\PC Reso,doc
20f2
ORDINANCE NO. xx - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS),
CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS) AND CHAPTER 8.108 (TEMPORARY USE PERMIT)
OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses
Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail
sales; and
WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading
Regulations) as it relates to tenant spaces with multiple functions and parking requirements for
other Indoor Recreational Facilities not specifically listed in Section 8.76.080.D; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it
. relates to other temporary land uses not specifically defined and deviating from established
development standards; and
WHEREAS, the Planning Commission did hold a properly noticed public< hearing on this
project on August 23, 2011 and adopted Resolution 11-_ recommending that the City Council
adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations),
Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations)
and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on
2011; and
WHEREAS, pursuant to section 8.120.050.8 of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans
include policies which support the development of commercial uses and the proposed Zoning
Ordinance Amendments facilitate commercial development by bringing greater clarity and
consistency to existing commercial regulations related to accessory uses, parking, signage and
temporary land uses; and
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WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061 (b)(3). Section
15061 (b )(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 2.
Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
8. Eating and Drinking Establishments. An Eating and Drinking Establishment
incidental to retail sales in Commercial Zoning Districts where the Eating and
Drinking Establishment, including food preparation areas and seating areas, is
1 0% or less of the entire tenant space.
SECTION 3.
Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal
Code is hereby amended as follows:
M. Tenant Space With Multiple Functions. When a tenant space contains several
UseTypes, the amount of parking to be provided shallbe the total of that required
by Section 8.76.080 for each Use Type, except as otherwise provided by Section
8.76.050 (Adjustment to the Number of Parking Spaces), and except as follows:
1. When a tenant space contains several Use Types for the exclusive use of
those engaged in the primary use and not otherwise available to the general
public, the amount of parking to be provided shall be the total of that required
by Section 8.76.080 for the primary Use Type.
2. When a tenant space contains permitted accessory uses pursuant to Section
8.40.030 (AcCessory Uses), additional parking shall not be required.
SECTION 4.
Section 8.76.040.M.1 (Large tenant space) and Section 8.76.040.M.2 (Small tenant space) of
Title 8 of the Dublin Municipal Code are hereby deleted.
2 of 8
SECTION 5. .
Section 8.76.080.0 (Commercial Use Types), Recreational Facilityllndoor, Other of Title 8 of the
Dublin Municipal Code is hereby amended as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Recreational F acilityllndoor
Other Per MUP
All other parking requirements for Recreational Facilityllndoor as shown in Section 8.76.080.0
shall remain.
SECTION 6.
The following new definitions are hereby added to SeCtion 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows:
O. Flags - AutomobileNehicle Sales. The term Flags - AutomobileNehicle Sales
shall mean a sign constructed of cloth, canvas or another light fabric with or
without a rigid frame intended to be displayed on a regular basis to advertise the
business name.
P. Flags - Seasonal.. The term Flags - Seasonal shall mean a sign constructed of
cloth, canvas or another light fabric with or without a rigid frame intended to be
displayed for a limited period of time and/or changed on a regular basis to coincide
with holidays or the four seasons of the year.
The remainder of Section 8.84.020 (Definitions) shall be re-Iettered accordingly.
SECTION 7.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add the Downtown Dublin Zoning District
(DDZD), to add the Sign Type "Flags-AutomobileNehicle Sales", and to remove Sign Types
. "Open House" and "Window". Matrix A shall read as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type A R-1, R-2, C-N c-o C-1 C-2 OOZO M-P, M-1,
R-M M-2
Awning ~ X ZC ZC ZC ZC ZC - ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
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Electronic Readerboard X X CUP CUP CUP CUP CUP CUP
(PC) (PC) (PC) (PC) (PC) (PC)
Flags- AutomobileNehicle X X ZC ZC ZC ZC ZC ZC
Sales
Freestanding 20' or Less in L X ZC X BP BP BP BP
Height
Freestanding Greater than 20' X X X X SDR SDR SDR SDR
in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZCI ZCI ZCI ZCI ZCI ZCI ZCI ZCI
SDR SDR SDR SDR SDR SDR SDR SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA)
Office Building Master 10 X X ZC ZC ZC ZC ZC ZC
Off-Site Residential BP BP BP BP BP BP BP BP
Development Directional
Off-Site Temporary For Sale L X ZC ZC ZC ZC ZC ZC
or Lease
Permanent Banner Sign X X X X MSPI MSPI MSPI MSPI
SDR SDR SDR SDR
Projecting Sign L X BP BP BP BP BP BP
Service Station Display X X ZC X ZC ZC ZC ZC
Structure
Service Station Price Sign X X ZC X ZC ZC ZC ZC
Special Easement L X ZC ZC ZC ZC ZC ZC
Temporary Promotional (21 X ZC*** ZC ZC ZC ZC ZC ZC
Days)
Tenant Directory X X BP BP BP BP BP BP
Wall L X BP BP BP BP BP BP
SECTION 8.
Section 8.84.040.8 (Matrix 8, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to add Sign Type "Flags-AutomobileNehicle Sales" and to amend
Sign Type "Temporary Promotional" as follows:
4 of 8
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft.
Flags - See Section See Section See Section See Section See Section See Section
Automobile/ 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F
Vehicle
Sales
Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of 21
Promotional Clearance. shall not be which business is Clearance. consecutive
Section One (1) on a larger than located and shall calendar days
8.84.050.S tenant building 60 square not be located so per permit; 21
frontage and feet. that the sign is consecutive
one (1) on the higher than the calendar day
street eave of the waiting period
frontage. If structure in which between
more than one the business is permits.
street located.
frontage, one
(1) sign may
be displayed
on each street
frontage, up to
two street
frontages, if
the signs are
at least 200-
feet apart.
Temporary One (1) Temporary Temporary
Promotional Banner for Banners for
Banner for Apartment. Apartment
Apartment Communities Communities
Section which shall shall be
8.84.050.5 not exceed allowed a
12 square maximum of 90
feet. days per
calendar year
in any time
configuration
desired.
All other provisions contained in Matrix B shall remain and all Section references shall be re-
lettered accordingly to refer to corresponding signs in Section 8.84.050 (Signs Subject to
Permits).
SECTION 9.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following:
5 of 8
F. Flags - AutomobileNehicles Sales. AutomobileNehicle Sales Flags are
permitted in those Zoning Districts where AutomobileNehicle Sa'les are permitted
subject to approval of a Zoning Clearance. AutomobileNehicle Sales Flags are
subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobileNehicle Sales Flags shall qe limited to private
property light poles and shall not extend above the top of the light pole.
3. The number of AutomobileNehicle Sales Flags shall be limited to one (1) flag
per light pole, up to one-half of all light poles located on the site.
4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square
feet and may be single sided or double sided.
5. AutomobileNehicle Sales Flags shall have a clearance of eight (8) feet above
the ground and fourteen (14) feet above a driveway, alley or other vehicular
access way. No flag shall project into a public right-of-way.
6. AutomobileNehicle Sales Flags shall be maintained in good condition at all
times. Any flag that is faded, torn or otherwise determined by the Community
Development Director to not be in good condition shall be removed upon
request and may be replaced subject to compliance with Section 8.84.050.F.
The remainder of Section 8.84.050 (Signs Subject to Permits) shall be re-Iettered accordingly.
SECTION 10.
Section 8.84.050.S (Temporary Promotional Signs) of Title 8 of the Dublin Municipal Code is
hereby amended as follows:
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs
permitted pursuant to a Zoning Clearance and may be placed on site for a
maximum of twenty-one (21) consecutive calendar days per permit when used for
special promotional events or needs. A minimum waiting period of twenty-one (21)
consecutive calendar days between permits is required, with the exception of
. balloons as defined herein and temporary banners for apartment communities. A
Banner Sign shall not be larger than 60 square feet in size and the sign shall not
be located so that the sign is taller than the eave of the structure in which the
business is located. One (1) temporary promotional sign may be displayed on a
tenant's building frontage and one (1) temporary promotional sign may be
displayed on the street frontage. If there is more than one street frontage, one (1)
temporary promotional sign may be displayed on each street frontage (in lieu of
the building frontage), up to two street frontages, if the signs are at least 200-feet
apart.
One (1) temporary banner for apartment communities is permitted pursuant to a
Zoning Clearance and may be placed on site for a maximum of ten (10)
consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of twenty (20) consecutive calendar days
between permits is required. III addition, the duration in which banners may be
displayed is limited to a maximum duration of 90 days per calendar year. A
6 of 8
temporary banner sign for apartment communities shall not be larger than 12
square feet (see Section 8.84.020.8 for definition of apartment communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All
balloons shall be tethered to the ground only with the bottom of the balloon on the
. ground and shall not be permitted to be attached to any structure or vehicle. No
permit(s) singularly or cumulatively shall be issued that allows any temporary
promotional signs that include balloons for more than 21 days per calendar year.
Zoning clearance(s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
sign(s) that include searchlights for more than 21 days per calendar year. Zoning
c1earance(s) may be issued for periods less than 15 days.
SECTION 11.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, CIVIC,
professional or religious organization or seasonal flags.
SECTION 12.
Section 8.108.020' (Uses Permitted With A Temporary Use Permit) of Title 8 of the Dublin
Municipal Code is hereby amended to add the following:
K. Other Temporary Uses. A temporary land use that is not otherwise defined in
Section 8.108.020 nor determined by the Community Development Director to be
similar to any of the specific uses contained in Section 8.108.020, may be
approved as a temporary use of land subject to the following conditions:
1. The use is temporary in nature and would not exceed 30 calendar days.
2. The use was not established by means of a Temporary Use Permit within the
last six (6) months.
3. The hours of operation are between: 9am and 9pm Monday through Friday;
9am and 11 pm Saturday; and, 9am and 6pm Sunday. Event set-up may begin
no earlier than 8am. Loudspeakers or amplified music shall be limited to
between 10am and 9pm Monday through Saturday.
4. The use would be compatible with the surrounding area and the Zoning District
in which it is located.
5. The use complies with the standard conditions established by the Community
Development Director.
The remainder of Section 8.108.020 (Uses Permitted With A Temporary Use Permit) to be re-
lettered accordingly.
7 of 8
Section 13.
Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby added
as follows:
8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate from a
standard for any temporary land use contained in Section 8.108.020.
Section 14.
Effective Date and PostinQ of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of ,2011, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:1PA#\20111PLPA-2011-00026 Zoning Ordinance Amendments, Update 1\CC Ord ZOA Update 1.doc
8 of 8
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More than a do~en years 8g0, City staff coordinated the work of a community taskforce looking into ways to
Improva the appearanc~ and reputation of DUblin (then sometlmes raferred to as the "mattress and muffler
center" of the Valla~) by reviewing and revising the sign ordinance. At that time strings of pennants, large or
multlple balloons, and roof-mounted God;:lIlas wore prohibIted. and non-conformlng signs and those with
vlslblo supports became subJeot to summary removal. The review was not really comprehensive, but Mayor
Houston IndIcated 'that If thare Were fu[ure problems, thiS Item could be revisited.
BRUCE FIEDLER
September 20, 2011
Dublin City Council
One CIVIc -Center
Dublin, CA 94668
Dear Mayor Sbrantl and Council Members:
But in the interim It became the praotice to enforce thesa parts of our local laws only If there was a
complaint And many buslnl1sses whIch had receIved approval fortheJr sign programs added non~
conforming slghage. often In the form of window paint and papar or fabric banners. The result of thaee
practices seems to have beon a return to the carnival atmosphere that caused Oublln to be (;onsldarad to be
a second class cIty. And each and every week, I see that homes In Dublin are valuod at$100,000 to $150,000
less than similar houses JUlJt across the road In Pleasanton (see tho Weak's home sales numbers in the
Valley Times).
I have lived hem for 26 years. I believe that Dublin is equal or superior to our neighbors in many ways. But
that Is not necessarily the public p()rCf;lpfIQn as reflect4d ill home plic~ and deslrabWty of our community. I
believe that part ofthat percept/on derives from the lack of adequat~ regulation of sIgns placed on fances,
light poles, and store windows and walls.
After J sent SOme pictures to you demonstrating the extent of the problem, thero was some Inoreased
onforcement relating to temporary sales promotion banners. But the elephstit In the room, years-long
violations of multiple signs on light posts at SOOle businesses, was not addressed.
Then, I learned that the PlannIng CommIssion was fa conSider some changes. When I went to the meetrng. I
discovered t~at auto dealers had previously been invited to give theIr blessIng to a proposal which would
make their lIIegal :sIgns legal. This looks Ilks legislation written by and for one speCial Interest. And It would
enshrine pamllsslon for about 194 additional signs as big as the front doorto your home all throughout the
city.
I do believe that It Is Important for the public to be able to find a 10Gal business, espeCially during the first
months In a location. In the Gasa of local auto dealers, some have baen In plac('l for yaars and h'tve thirty or
forty foot tall signs by the freGway and extonslve lighted slgnage on large buildIngs set within acres of
merchandise diSplayed outdoors. People know it Is an auto dealership; no OnE! can confuse it with a dental
office or drug store. And In regard to ihe pofentia1194 signs on outdoor llght poles, one neads to already be
at that dealership to read all thOse additional signs.
I have enclosed coplas of several past letters to your Council and to the PlannIng Commission. And I believe
you should postpone action on the latest recommendations of the planning staff pending a more complete
review of whi' Dublin has sign regulations and wllillwe seek to accomplish by havIng such regulation In the
first place.
The taskforce that met in the past did good work. But the world has Changed over the past decade and thIs
Issue shOUld be rElvlslted with an oyo to the needs of all varIeties of businesses, the effeGton home values
throughout the community, and the perception of Dublin In th9 vIew of the wIder public. I would be pleased
to moet WJtIl you oryour staff regarding this Issue and am available to participate again on a taskforce
~:::::? lh. whol. '~trU"'r0~~t""'n Ih. 'ommu.'~.
Y~{U~-Q~J~lL_,-
Mayor Sbranti called the meeting to order at 9:03 PM
.....
Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses
Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
CSiQn Reaulationsl and Chapter 8.108 (Temporarv Use Permit), PlPA-2011-00026
9:03:41 PM 6.2 (450-30)
Mayor Sbranti opened the public hearing.
Mamie Delgado, Senior Planner, presented the Staff Report and advised that the City was
initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to
existing regulations. Amendments are proposed to: Chapter 8.40 (Accessory Structures and
Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to
retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant
spaces with multiple functions and parking requirements for other Indoor Recreational Facilities
not specifically listed in Section 8.76.080.0; to Chapter 8.84 (Sign Regulations) as it relates to
flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary
land uses not specifically defined and deviating from established development standards.
Dublin resident Bruce Fiedler stated the amendments proposed regarding Sign Regulations
were designed to benefit a few special interests at a cost to the wider community.
Dublin landlord for Sierra Market, Brad Sanders, commented on Chapters 8.40 and 8.76, and
stated that these amendments were directly the cause of prohibiting any seating to Sierra
Market due to the lack of parking.
Cm. Swalwell asked Staff to clarify Mr. Sanders comments regarding. the ordinance
amendments and their relation to the issue.
Mr. Bakker stated that the issue Mr. Sanders was referring to was at what point an accessory
restaurant component of a grocery store triggered a higher parking standard.
Linda Smith, Economic Development Director, elaborated on Mr. Sanders core arguments
about applying the additional parking spaces for the restaurant component and limiting his
ability on additional space in his center to be leased at retail in the future. Other options have
been explored with Mr. Sanders as well.
Mayor Sbranti read comments submitted via fax by Sierra Market Owner, Mr. Sal Safi, "I am the
owner of Sahara Market, this confusion in the code has cost us tremendous grief and loss of
income. Section 8.40 will cause more confusion and will leave another gray area where the
food preparation area;n a market with seating area and food preparation will be hard to define."
DUBLIN CITY COUNCIL MINUTES
VOLUME 30
REGULAR MEETING
OCTOBER 4, 2011
8
Mayor Sbranti closed the public hearing.
Mayor Sbranti asked Staff to explain how the 10% of seating and food preparation area was
established.
Ms. Waffle stated that this standard was taken from another standard in the accessory uses
chapter.
Mayor Sbranti asked Staff to elaborate on why food preparation needed to be included in the
10%.
Ms. Waffle stated that food preparation is a necessary component of 'an eating and drinking
establishment as it related to retail sales with the 10% threshold for intensity directly affecting
the minimum required parking spaces.
Mayor Sbranti asked for clarification on how this ordinance amendment would assist with the
Sahara Market expansion plan.
Ms. Waffle stated this item would assist by clarifying the off-street parking and loading
regulations that requires distinction between a large and small tenant space for the purpose of
determining parking requirements. She also stated that the Sahara Market management would
beworking on a restriping plan which would also assist with resolving their expansion plan.
Mayor Sbranti asked what the implication might be if the City Council did not approve the
Chapter 8.84 ordinance amendment.
Ms. Waffle stated that any area outside planned development zoning district, or any shopping
center that did not have a master sign program, would not be allowed to have signs.
Cm. Hildenbrand commented on Chapter 8.84 and expressed that the sign regulations
ordinance was consistently being compromised with these amendments, resulting in creating an
lower aesthetic quality to the community.
Mayor Sbranti stated that he believed there were more limits than additions to thrs ordinance
amendment, and would like to take a pause and re-evaluate this amendment further before
voting on this amendment. He suggested looking at this from a broader perspective.
Vm. Hart suggested a group outside of the ad-hoc committee evaluate whether the proposed
changes are of value to the City and provide recommendations.
em. Biddle stated he would be willing to have input from a' community group and postpone
accepting amendment to the sign regulations.
Cm. Swalwell was in agreement with postponing the amendment.
DUBLIN CITY COUNCIL MINUTES
VOLUME 30
REGULAR MEETING
OCTOBER 4, 2011
9
City Manager Pattillo stated that the City Attorney will provide clarity on moving forward with the
ordinance chapters, excluding Chapter 8.84. She clarified the direction provided regarding
Chapter 8.84 which would be to have Staff bring back recommendations, whether to form a task
force or one town hall meeting. This will also create a new initiative, adding additional workload
and would ask the City Council to prioritize the current Economic Development initiatives.
Cm. Hildenbrand stated that she did not feel the need to form a task force and add additional
work.
Mayor Sbranti stated that he did not want to re-prioritize Economic Development initiatives but
gather feedback from community members to ensure that moving forward would be of benefit to
the City.
On motion of Vm. Hart, seconded by Cm Hildenbrand and by unanimous vote, the City Council
INTRODUCE an Ordinance Amending Chapter 8.40 (Accessory Structures and Uses
Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), and Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance. Chapter 8.84 (Sign Regulations) would be
deferred.
.'
Dublin Heritage Park and Museums Facility Use Policy
10:16:22 PM 6.3 (295-10)
Mayor Sbranti opened the public hearing.
Paul McCreary, Assistant Parks and Community Services Director, presented the Staff Report
and advised that the City Council would consider adopting the Heritage Park and Museums
Facility Use Policy and Rental Fee Schedule, which would allow for community use and private
rentals of the Kolb Sunday School Barn and S1. Raymond Church.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Vm. Hart stated that the pricing seemed to be a bit expensive and cautioned that fees wouldn't
discourage the use of such a great facility.
em. Hildenbrand commented that based on the history of the facility and the importance of
prese'Yation and protection of the buildings, the pricing seemed reasonable.
Mayor Sbranti stated that the rates quoted were lower than the surrounding area and felt
comfortable moving forward with the fee schedule as presented.
DUBLIN CITY COUNCIL MINUTES
VOLUME 30
REGULAR MEETiNG
OCTOBER 4, 2011
10
DRAFT
..
WRITTEN COMMUNICATIONS - None.
..
PUBLIC HEARINGS - None.
..
UNFINISHED BUSINESS
Review of City Fireworks Ordinance Permit Process
L.;2.~,,:LQEM. 7. 1
(650-60 )
By consensus, the City Council postponed this item to the January 17, 2012 City Council
meeting.
-~
"-'v
Town Hall MeetinQ on SiQn ReQulations
L~"~";..~_M 7.2 (450-60)
Senior Planner Mamie Delgado presented the Staff Report and advised that the City Council
would be asked to appoint two Councilmembers to participate in a Town Hall Meeting on
February 9, 2012 where amendments to Chapter 8.84 (Sign Regulations) of the Dublin Zoning
Ordinance would be discussed with interested members of the community.
Mayor Sbranti asked what outreach had taken place in regard to the meetings.
Ms. Delgado stated Staff would be sending out a notice to all automobile and vehicle dealers.
They would also be notifying all the local sign companies and any other interested parties that
had contacted the City and inquired about the proposed amendments. The Dublin Chamber of
Commerce would also be included.
City Manager Pattillo stated the information would also be posted on the City website, as well as
the newspaper.
On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote (Vm. Hart
absent), the City Council appointed Cm. Hildenbrand and Cm. Biddle to participate in the Town
Hall Meetings.
..
DUBLIN CITY COUNCIL MINUTES
VOLUME 30
REGULAR MEETING
DECEMBER 20,2011
1
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Town Hall Meeting
Sign Regulation
February 9, 2012,6:30 PM
, Regional Meeting Room
The meeting was called to order by Jeff Baker, PlanningManager at 6:33 PM
ATTENDEES:
Kasie Hildenbrand, Councilmember; Don Biddle, Councilmember; Jeri Ram, Community
Qevelopment Director; Jeff Baker, Planning Manager; Mamie Delgado, Senior Planner; Seth
Adams, AssistantPlanner; Debra LeClair, Recording Secretary.
Bruce Fiedler; Lou Noval, Fast Signs; John De Koven, Bunjo's Comedy Club; Amar Gill, EI Monte
RV; Claudia McCormick.
Jeff Baker, Planning Manager, welcomed everyone to the meeting, gave an overview of the
purpose of the meeting and the agenda, and then asked for introductions of Staff and
attendees.
Mamie Delgado, Senior Planner presented the proposed amendments to the Sign Regulations.
DISCUSSION:
Matrix A
Add the Downtown Dublin Zoning District and automobile sales flags; and
Remove "Open Housel1 and window signs which are currently exempt from permits.
Lou Noval proposed increasing the amount of sign age area allowed on windows. He felt
window signs are a good tool for business owners and suggested increasing the area to 30% of
the window. Since this suggestion was not part of the amendments it was added to the
"Parking Lot" list.
There were no other suggestions or discussion regarding the added columns in Matrix A.
Temporarv Promotional Signs
limit the maximum number that can be displayed to 2;
One may be displayed over tenant space and one along street frontage;
OR
If two street frontages, one per street frontage if at least 200 feet apart
. I
Bruce Fiedler liked the amendments and liked the spacing and numbers mentioned. He stated-
that the current timing of promotional signs was not mentioned and suggested the spacing of
promotional signs should be after the 21 day period the banner should be down for 8 weeks
instead of 21 days before putting up another banner/sign. He felt that if a business has a
promotional banner up for approximately 6 months of the year it wasn't an actual promotional
banner/sign. Since the display period for promotional signs was not part of the amendments it
was added to the "Parking Lot" list.
Ms. Delgado stated his suggestion would be presented to the City Council along with the other
suggestions from tonight's meeting.
Claudia McCormick was concerned about the quantity and quality of the promotional
banner/signs on the street frontage. She raised concern about clustering multiple signs in one
location.
Mr. Baker explained that businesses located within shopping centers are allowed to place
banner/signs on the street frontage. He continued there is currently no limit to the number of
signs but this amendment would limit the number of signs but the fact that they are allowed
signs will not change.
Kasie Hildenbrand, Councilmember asked if there are a number of businesses in a shopping
center they would all be allowed to post promotional signs.
Mr. Baker answered yes, but they would not be all from one business.
Ms. McCormick suggested there be some type of quality assurance for the signs such as; must
be professionally done with certain materials and no hand lettering.
Mr. Noval was concerned about large banners that are over the square footage restriction and
felt they made the area look unattractive.
There was a discussion regarding a temporary promotional sign that has remained on a building
for an extended period of time.
Mr. Noval suggested allowing professionally done A frames to be included in the Temporary
Promotional Signs amendment. Since this suggestion was not part of the amendments it was
added to the "Parking Lot" list.
Seasonal Flags
Mr. Fiedler felt the definition of "Seasonal Flag" was not clearly stated. He f\=lt that if the flags
are displayed to celebrate a specific season or holiday that would be fine but if they are purely
advertising it makes the community look like a garage sale and should be regulated.
Mr. Baker confirmed Mr. Fiedler's suggestion is if the flag were of a promotional nature that
there should be a time limit but a seasonal flag should be treated differently.
i.
Mr. Fiedler agreed. He felt that if the sign is promotional then it should be regulated under the
Temporary Promotional Sign ordinance. He suggested that the seasonal flags be defined as to .
size, number, and attachment.
Ms. Delgado summarized the discussion:
Staff should define "Seasonal Flag" more clearly
Does seasonal include holidays?
..... ...-------- "--:--ifPTomotlooa1trrnellure irisiiotseasohatflag
Clarify size, number and attachment
Mr. Fiedler mentioned the flags at the Waterford Center are a good example of a seasonal flag.
Automobile Sales Flag
Located on the site where the business being advertised is conducted
Umited to private property light poles and shall not extend above the top of the light
pole
One flag per light pole, up to Y2 of all light poles located on site
Maximum of 20 SF and may be single sided or double sided
Shaff have a clearance of:
o Eight feet above the ground
o Fourteen feet above a driveway, alley or other vehicular access way
o No flag shall project into a public right-of-way
Maintained in good condition at all times
Ms. Delgado explained the Automobile Sales Flags would be newly defined in the Zoning
Ordinance.
Mr. Naval asked if the flags that are currently in place would need to be permitted.
- Ms. Delgado answered yes they would need to obtain a zoning clearance if not already
approved with a master sign program.
Mr. Fielder felt the definitions are good. He questioned why auto dealerships are considered to
be a special group with special legislation. He felt there are too many flags proposed to be
allowed in the amendment. He suggested 1 flag for every 8 light poles and that they could be
clustered in one location. He felt the special flags are not necessary to assist car buyers in
locating dealerships.
Ms. Delgado confirmed Mr. Fielder's first preference would be not to add the special provision
for auto sales flags and he felt that one on every other pole would be excessive.
Mr. Fiedler agreed and questioned why certain dealerships need them and others don)t.
Mr. Baker asked if anyone had any other comments or concerns.
Don Biddle, Councilmember asked if the new opaque. window signs which are, see-through
should they be handled differently. Consideration should be given to non-promotional graphics
or mural type window displays.
Mr. Baker thanked the group for attending and stated that their comments and feedback will
be presente9 to the City Council tentatively scheduled for March 6, 2012. He stated there will
-be-a"'StaffReport-and-presentationmand-a-request-frOmthe-CoIJliti !'orfh6wlheywoLila"'/ikiffo" ,-
proceed with sign regulations. He stated that everyone who received a notice for this meeting
will be included in the mailing as well as tonight's attendees.
Cfaudia McCormick wanted her comments, to be recorded. She was very concerned about
polit1cal signage and felt it is not applied equally to everyone. She mentioned a sign at the post
office. She stated she complained to the post office who called the police; they moved the sign
to the street which is city property. She felt that certain political signs do not come under any
Ordinances and felt they should. She stated that when she was running for public office she
was not allowed to put her signs on public property, yet others put up offensive political signs.
She also felt there was an Ordinance that stated the signs could only be displayed for 30 days
before an election. She asked that the City Council look at the Ordinance and ensure that it is
applied fairly.
There was a discussion regarding Free Speech and how it applies to political sign age.
Mr. Baker stated that we have captured Ms. McCormick's comments and will share them with
the City Council. He continued there are Free Speech issues that come into play which will
need further research to address the issue.
The meeting was adjourned at 7:15pm
CHAPTER 8.84
SIGN REGULATIONS
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows:
O. FlaQs - AutomobilelVehicle Sales. The term FlaQs - Automobile/Vehicle Sales
shall mean a siqn constructed of cloth. canvas or another Iiqht fabric with or without a
riqid frame intended to be displayed on a reqular basis to advertise the business name.
P. FlaQs - Seasonal. The term Flaqs - Seasonal shall mean a siqn constructed of
cloth, canvas or another Iiqht fabric with or without a riqid frame intended to be displaved
for a limited period of time andlor Cllanqed on a reqular basis to coincide with the four
seasons of the year.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type A R-1, R-2, C-N C-O C-1 C-2 DDZD M-P, M-1,
R-M M-2
Awning L X ZC ZC ZC ZC ~ ZC
Bulletin Board BP BP BP BP BP BP ~ BP
Coming Soon X X ZC ZC ZC ZC ~ ZC
Community ID . X ZC ZC ZC ZC ZC ~ ZC
Electronic X X CUP CUP CUP CUP Q1LE CUP
Readerboard (PC) (PC) (PC) (PC) iEQl (PC)
Flaqs- Automobilel ~ ~ ZC ZC ZC ZC ~ ZC
Vehicle Sales
Freestanding 20' or L X ZC X BP BP !2E BP
Less in Height
Freestanding Greater X X X X SDR SDR ~ SDR
than 20' in Height
Grand Opening X X ZC ZC ZC ZC ~ ZC
Identification** ZCI ZCI ZCI ZCI ZCI ZCI ill ZCI
SDR SDR SDR SDR SDR SDR ~ SDR
Master Sign Program SDR X SDR SDR SDR SDR ~ SDR
(ZA) (ZA) (ZA) (ZA) (ZA) ~ (ZA)
1 of 6
Office Building Master X X ze ze ze ze lQ ze
10
Off-Site Residential BP BP BP BP BP BP ,ill: BP
Development
Directional
Off-Site Temporary L X ze ZC ZC ZC ~ ze
For Sale or Lease
Opon Houso X Pormittod X X X X X
Permanent Banner X X X X MSP/ MSP/ JYlli2L MSP/
Sign SDR SDR ml8. SDR
Projecting Sign L X BP BP BP BP ,ill: BP
Service Station X X- ze X ze ze ze . ze
i==
Display Structure
Service Station Price X X ze X ZC ze ~ ze
Sign
Special Easement L X ze ze ze ze lQ ze
Temporary X ze*** ze ze ze ze ~ ze
Promotional (21 Days)
Tenant Directory X X BP BP BP BP ,ill: BP
Wall L X BP BP BP BP J2E BP
Window X X Bf2 Bf2 .gp. Bf2 Bf2
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended as follows:
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number Height Area per Requirements Restrictions Regulations
No. of Signs Side in
Sq. Ft.
Flaqs - See See See Section See Section See Section See Section
Automobile/ Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F
Vehicle 8.84.050.F 8.84.050.F
Sales
Temporary -P-ef Per Per Zoning Only on site on Per Zoning Maximum of
Promotional Zoning Zoning CloClr::mco. which Clearance. 21
Section Clearance. Clearance. Banner business is consecutive
8.84.050.T Two (2). signs shall located and calendar days
One (1) on not be larger shal.1 not be per permit; 21
a tenant than 60 located so that consecutive
2 of 6
buildinq square feet. the sign is calendar day
frontabe higher than the waiting period
and one eave of the between
(1) on the structure in permits.
street which the
frontaqe business is
or two (2) located.
on street
frontaqes
if more
than one
street
frontaqe
and siqns Temporary
are at Banners for
least 200- Temporary Apartment
T em porary feet apart. Banner for Communities
Promotional Apartment shall be
Banner for One (1) Communities allowed a
Apartment which shall maximum of
Section not exceed 90 days per
8.84.050.T 12 square calendar year
feet. in any time
configuration
desired.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to delete the following:
L. Open House Signs. Open House Signs are permitted subject to the following special
provisions:
1. ,^, maximum of four (1) open house signs are permitted for each property being
:Jdvortised for s:Jlo. Such sigmge sh:J1I not bo 10c:Jtod within tho public right of
way (which includes, but is not limited to, the sidewalk and the greenway
bet\veen the side\^/alk and the curb) where such signage endangers the safety of
persons or proporty, disrupts tho norm:J1 flow of vohicle or pedestri::m traffic,
blocks vio'NS of such tr:Jffic, blocks ingross into or ogross from :In)' rosidonco or
placo of business, or restricts a sidew:Jlk to loss than thirty two (32) inchos.
Signago may bo placod in :J 1::mdsc:Jping strip bot#oon the rO:Jdway and tho
sidow:Jlk.
2. Signage is prohibited in public streets and tho center divider strip and/or traffic
isl::mds of public stroots.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility polo.
1. Signs cannot be placed within a five (5) foot r3dius of a call box, fire hydrant or
mail box.
3 of 6
5. ~Jo more th::Jrl eight (8) open house signs sh::311 be pl:Jced ::3t ::3ny intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Sign!:'. C::3nnot h::3ve ::3dditioml t::3gs, rider!:'., strc::3mers, b::3l1oons or other
att:Jchments.
7, The size of the sign shall not exceed four (-1) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open house signs shall be permitted on holidays, Saturdays, Sund::3Ys ::md one
agent tour day each week from 10:00 a. m. through sunset.
9. The City ch::311 be authorized to ::3ssess all necessary costs for the time !:'.pent by
City personnel, or its 3uthorized ::3gents, to removoillegally 10c::3ted open house
signs. In cases of repeated violations of requirements dealing with open house
signs, rights to locate new open house signs in the City shall be forfeited.
10. Proper 3uthoriz:3tion by the 3ffected priv3te property owner shall be secured prior
to placement of signs on private property.
\/
. .
Window Signs. Window Signs shall not exceed tv/enty five percent (25%) of the
contiguous window area from 'Nhich they are vie'Ned.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following:
F. FlaQs - AutomobilelVehicles Sales. AutomobileNehicle Sales Flaqs are
permitted in those Zoninq Districts where AutomobileNehicle Sales are permitted
subiect to approval of a Zoninq Clearance. AutomobileNehicle Sales Flaqs are subiect
to the followinq:
1. AutomobileNehicle Sales Flaqs shall be located on the site where the business
beinq advertised is conducted.
2. The location of AutomobileNehicle Sales Flaqs shall be limited to private
property liqht poles and shall not extend above the top of the Iiqht pole.
3. The number of AutomobileNehicle Sales Flaqs shall be limited to one (1) flaq per
Iiqht pole. UP to one-half of allliqht poles located on the site.
4. AutomobileNehicle Sales Flaqs shall be limited to a maximum of 20 square feet
and may be sinqle sided or double sided.. . .
5. AutomobileNehicle Sales Flaqs shall have a clearance of eiqht (8) feet above the
qround and fourteen (14) feet above a driveway, allev or other vehicular access
way. No flaq shall proiect into a public riqht-of-wav.
6. AutomobileNehicle Sales Flaqs shall be maintained in !:lood condition at all
times. Anv flaq that is faded, torn or otherwise determined bv the Community
Development Director to not be in qood condition shall be removed upon request
and may be replaced subiect to compliance with Section 8.84.050.F.
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs
permitted pursuant to a Zoning Clearance and may be placed on site for a
maximum of twenty-one (21) consecutive calendar days per permit when used for
4 of 6
special promotional events or needs. A minimum waiting period of twenty-one (21)
consecutive calendar days between permits is required, with the exception of
balloons as defined herein and temporary banners for apartment communities. A
Banner Sign shall not be larger than 60 square feet in size and the sign shall not be
located so that the sign is taller than the eave of the structure in which the business
is located. One (1) temporary promotional siqn may be displayed on a tenant's
buildinq frontaqe and one (1) temporary promotional siqn may be displayed on the
street frontaqe. If there is more than one street frontaqe, one (1) temporary
promotional siqn may be displayed on each street frontaqe (in lieu of the buildinq
frontaqe), up to two street frontaqes. if the siqns are at least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a
Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive
l,:alendar days per permit when used for special promotional events or needs. A
minimum waiting period of twenty (20) consecutive calendar days between permits
is required. In addition, the duration in which banners maybe displayed is limited to
a maximum duration of 90 days per calendar year. A temporary banner sign for
apartment communities shall not be larger .than 12 square feet (see Section
8.84.020.B for definition of apartment communities),
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons
shall be tethered to the ground only with the bottom of the balloon on the ground
and shall not be permitted to be attached to any structure or vehicle. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
signs that include balloons for more than 21 days per calendar year. Zoning
c1earance(s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
sign(s) that include searchlights for more than 21 days per calendar year. Zoning
c1earance(s) may be issued for periods less than 15 days.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal flaqs.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to
add the following:
Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where suchsignage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
5 of 6
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other
attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by
City personnel, or its authorized agents, to remove illegally located open-house
signs. In cases of repeated violations of requirements dealing with open-house
signs, rights to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior
to placement of signs on private property.
Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
6 of 6
ORDINANCE NO. xx - 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OFTHE ZONING ORDINANCE
CITY -WIDE
PLP A-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on
August 23, 2011 and adopted Resolution 11-23. recommending that the City Council adopt an
Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter
8.108 (Temporary Use Permit) of the Dublin Municipal Code; and
WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an
Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but
excluded Chapter 8.84 (Sign Regulations); and
WHEREAS, Staff was directed to hold a public meeting. to obtain input from the
community on the proposed amendments to Chapter 8.84 (Sign Regulations); and
WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting
Room at Dublin City Hall and interested members of the community provided feedback on the
proposed amendments; and
WHEREAS, a properly noticed public hearing was held by the City Council on March 6,
2012; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1. .
The City Council finds that this Ordinance is consistent with the Dublin General Plan and all
applicable Specific Plans in that the General Plan and applicable Specific Plans include policies
which support the development of commercial uses and the proposed Zoning Ordinance
Amendments facilitate commercial development by bringing greater clarity and consistency to
existing commercial regulations related to signage.
1 of 9
SECTION 2.
Compliance with California Environmental Quality Act (HCEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061 (b)(3). Section
15061 (b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 3.
The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows, with the other definitions contained in Section
8.84.020 (Definitions) to be re-Iettered accordingly:
Flags - AutomobilelVehicle Sales. The term Flags - AutomobileNehicle Sales shall
mean a sign constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed on a regular basis to advertise the business name.
Flags - Seasonal. The term Flags - Seasonal shall mean a sign constructed of cloth,
canvas or another light fabric with or without a rigid frame intended to be displayed for a
limited period of time and/or changed on a regular basis to coincide with the four seasons
of the year.
SECTION 4.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin
Zoning District ("DDZD"), to add a new Sign Type for "Flags-AutomobileNehicle Sales", and to
remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its
entirety:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
R-1, R- DDZD
Sign Type A 2, C-N C-O C-1 C-2 M-P, M-1, M-2
R-M
Awning L X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community 10 X ZC ZC ZC ZC ZC ZC ZC
2 of 9
Electronic Readerboard X X CUP CUP CUP CUP CUP CUP
(PC) (PC) (PC) (PC) (PC) (PC)
Flags- AutomobileNehicle X X ZC ZC ZC ZC ZC ZC
Sales
Freestanding 20' or Less in L X ZC X BP BP BP BP
Height
Freestanding Greater than X X X X SDR SDR SDR SDR
20' in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification ** zel ZCI ZCI ZCI ZC/SDR ZC/SDR ZCI ZCI
SDR SDR SDR SDR SDR SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA)
Office Building Master 10 X X ZC ZC ZC ZC ZC ZC
Off-Site Residential BP BP BP BP BP BP BP BP
Development Directional
Off-Site Temporary For L X ZC ZC ZC ZC ZC ZC
Sale or Lease
Permanent Banner Sign X X X X MSP/ MSP/ MSPI MSPI
SDR SDR SDR SDR
Projecting Sign L X BP BP BP BP BP BP
Service Station Display X X ZC X ZC ZC ZC ZC
Structure
Service Station Price Sign X X ZC X ZC ZC ZC ZC
Special Easement L X ZC ZC ZC ZC ZC ZC
Temporary Promotional (21 X ZC*** ZC ZC ZC ZC ZC ZC
Days)
Tenant Directory X X BP BP BP BP BP BP
Wall L X BP BP BP BP BP BP
SECTION 5.
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 80f the Dublin Municipal
Code is hereby amended to add a new row for the Sign Type "Flags:-AutomobileNehicle Sales"
and to amend the row for the Sign Type "Temporary Promotional" as follows:
3 of 9
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft.
Flags - See See See Section See Section See Section See Section
Automobile! Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F
Vehicle 8.84.050.F 8.84.050.F
Sales
Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of
Promotional Clearance. shall not be which business Clearance. 21
Section One (1) on larger than is located and consecutive
8.84.050.S a tenant 60 square shall not be calendar
building feet. located so that days per
frontage the sign is permit; 21
and one (1) higher than the consecutive
on the eave of the calendar day
street structure in waiting
frontage. If which the period
more than business is between
one street located. permits.
frontage,
one (1) sign
may be
displayed
on each
street
frontage,
up to two
street
frontages, if
the signs
are at least
200-feet
apart.
Temporary One (1) Temporary Temporary
Promotional Banner for Banners for
Banner for Apartment Apartment
Apartment . Communities Communities
Section which shall shall be
8.84.050.S not exceed allowed a
12 square maximum of
feet. 90 days per
calendar year
in any time
configuration
desired.
4 of 9
All other provIsions contained in Matrix B shall remain the same except that the Section
references contained in the "Sign Type Section No." column shall be modified to reflect the
changes made by Section 6 of this Ordinance and shall be reviewed for consistency with
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code.
SECTION 6.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
a) The following shall be deleted:
L. . Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
i ntersecti on.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10: 00 a. m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
5 of 9
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
v. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The following shall be added:
Flags - AutomobilelVehicles Sales. AutomobilelVehicle Sales Flags are permitted in
those Zoning Districts where AutomobilelVehicle Sales are permitted subject to approval
of a Zoning Clearance. AutomobilelVehide Sales Flags are subject to the following:
1. AutomobilelVehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobilelVehicle Sales Flags shall be limited to private property
light poles and shall not extend above the top of the light pole.
3. The number of AutomobileNehicle Sales Flags shall be limited to one (1) flag per
light pole, up to one.-half of all light poles located on the site.
4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square feet and
may be single sided or double sided.
5. AutomobilelVehicle Sales Flags shall have a clearance of eight (8) feet above the
ground and fourteen (14) feet above a driveway, alley or other vehicular access
way. No flag shall project into a public right-of-way.
6. AutomobileNehicle Sales Flags shall be maintained in good condition at all times.
Any flag that is faded, torn or otherwise determined by the Community Development
Director to not be in good condition shall be removed upon request and may be
replaced subject to compliance with Section 8.84.050.F.
c) The following shall be amended to read as follows:
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one
(21) consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of twenty-one (21) consecutive calendar days between
permits is required, with the exception of balloons as defined herein and temporary
banners for apartment communities. A Banner Sign shall not be larger than 60 square
feet in size and the sign shall not be located so that the sign is taller than the eave of the
structure in which the business is located. One (1) temporary promotional sign may be
displayed on a tenant's building frontage and one (1) temporary promotional sign may be
displayed on the street frontage. If there is more than one street frontage, one (1)
temporary promotional sign may be displayed on each street frontage (in lieu of the
building frontage), up to two street frontages, if the signs are at least 200-feet apart.
6 of 9
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of twenty (20) consecutive calendar days between permits is required. In addition,
the duration in which banners may be displayed is limited to a maximum duration of 90
days per calendar year. A temporary banner sign for apartment communities shall not be
larger than 12 square feet (see Section 8.84.020.B for definition of apartment
communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons shall
be tethered to the ground only with the bottom of the balloon on the ground and shall not
be permitted to be attached to any structure or vehicle. No permit(s) singularly or
cumulatively shall be issued that allows any temporary promotional signs that include
balloons for more than 21 days per calendar year. Zoning c1earance(s) may be issued for
periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively
shall be issued that allows any temporary promotional sign(s) that include searchlights for
more than 21 days per calendar year. Zoning c1earance(s) may be issued for periods less
than 15 days.
Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development
Regulations) shall be re-Iettered accordingly.
SECTION 7.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to
read as follows:
B. Flags. The flag, or insignia of any charitable,. educational, philanthropic, CIVIC,
. professional or religious organization or seasonal flags.
SECTION 8.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as.
follows:
a) The following shall be added:
Open House Signs. Open-House Signs are permitted subject to the ,following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which inCludes, but is not limited to, the sidewalk and thegreenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic; blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
7 of 9
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The remainder of Section 8.84.140 (Exempt Signs) and Section 8.84.040 (Matrix 8, Sign
Development Regulations) shall be re-Iettered accordingly to reflect the changes made by
Section 8.
SECTION 9. Effective Date and Postinq of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
GovernmE::nt Code of California.
8 of 9
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of ,2012, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2011\PLPA-2011-00026 Zoning Ordinance Amendments. Update 1\CC 03.06. 12\Att 6_CC Ord ZOA Update 1.doc
9 of 9
;
MINUTES OF THE CITY COUNCIL
OF THE CIlY OF DUBLIN
REGULAR MEETING - MARCH 6, 2012
CLOSED SESSION
A closed session was held at 6:30 p.m., regarding:
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: 1 case
Facts and circumstances: Claim.
.".
m __ m__ _.. _ m_
A regular meeting of the Dublin City Council was held on Tuesday, March 6, 2012, in the City
Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 PM, by
Mayor Sbranti.
___ ___ _n _ _ _ _____ _... _ _.__.
ROLL CALL -
PRESENT:
ABSENT:
Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti.
Councilmember Hildenbrand
__...m
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those present.
A.,.
-.-~
REPORT ON CLOSED SESSION ACTION
Mayor Sbranti stated there was no reportable action during Closed Session.
..---
Mayor Sbranti stated that Item 8.3 would be taken out of order. It would be heard after the
Consent Calendar.
DUBLIN CITY COUNCil MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
1
..
ORAL COMMUNICATIONS
Proclamation for Girl Scouts' Week. March 11.;17. 2012
7:09:51 PM 3.1
The City Council presented the proclamation.
.~.
-~
Certificates of Recognition for City of Dl;Iblin
Young Citizen of the Year, Citizen of the Year and Organization of the Year
7:16:44 PM 3.2
The City Council presented the certificates of recognition.
-+
Proclamation for American Red Cross Month - March 2012
7:24:11 PM 3.3
The City Council presented the proclamation.
..
Organizational Update of Zone 7
7:30:13 PM 3.4
The City Council received the presentation from .Jill Duerig, General Manager of Zone 7.
.....
Public Comments
7:39:23 PM 3.5
Steve Minniear, Dublin resident, provided public comments on Camp Parks' artifacts collection.
.+
DUBLIN CITY COUNCIL MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
2
CONSENT CALENDAR
7:42:40 PM Items 4.1 through 4.6
On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand
absent), the City Council took the following actions:
Approved (4.1) Minutes of the Regular City Council Meeting of February 21, 2012.
Adopted (4.2)
RESOLUTION NO. 22 - 12
APPROVING AN AGREEMENT WITH CALLANDER ASSOCIATES LANDSCAPE
ARCHITECTURE INCORPORATED FOR THE
PASSATEMPO NEIGHBORHOOD PARK
Adopted (4.3 )
RESOLUTION NO. 23 - 12
AUTHORIZING APPlICA 110N FOR THE HOUSING RELATED
PARKS (HRP) GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER
TO SIGN HRP GRANT DOCUMENTS ON BEHALF OFTHE CITY
Adopted (4.4 )
RESOLUTION NO. 24 - 12
DIRECTING PREPA~ATION OF ANNUAL ENGINEER'S REPORT FOR
CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DiSTRICT 83-1
RESOLUTION NO. 25 - 12
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
(STAGECOACH ROAD AREA)
RESOLUTION NO. 26 - 12
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
(VILLAGES AT WILLOW CREEK)
DUBLIN CITY COUNCIL MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
3
RESOLUTION NO. 27 -12
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1
(SANTA RITA AREA)
RESOLUTION NO. 28 - 12
DIRECTING PRE PARA TION OF ANNUAL ENGINEER'S REPORT FOR
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1
(DUBLIN RANCH AND TRACT 7067)
Adopted (4.5 )
RESOLUTION NO. 29 - 12
AUTHORIZING A WAIVER OF FORMAL BID REQUIREMENTS AND THE PURCHASE OF
MOBilE COMPUTER EQUIPMENT FROM INSIGHT PUBLIC SECTOR PURSUANT TO THE
US COMMUNITIES PURCHASING AGREEMENT
Adopted (4.6 )
RESOLUTION NO. 30 - 12
APPROVING THE MASTER PROGRAMS FUNDING AGREEMENT BETWEEN THE
ALAMEDA COUNTY TRANSPORTATION COMMISSION AND THE CITY OF DUBLIN
~+
WRITTEN COMMUNICA JIONS - None
- - ------.~
PUBLIC HEARINGS
Draft Sports Field Use Policv Modifications
7:47:33 PM 6.1
Mayor Sbranti opened the public hearing.
Todd Barnes, Fields Coordinator for the Dublin Unified Soccer League, provided public
comments regarding the proposed policy modifications.
DUBLIN CITY COUNCil MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
4
Mayor Sbranti closed the public hearing.
On motion of Mayor Sbranti, seconded by Cm. Biddle and by unanimous vote (Cm. Hildenbrand
absent), the City Council adopted
RESOLUTION NO. 31 -12
ESTABLISHING FACILITY USE POUCY AND RENTAL FEES FOR USE OF THE SPORTS
FIELDS AT DUBLIN SPORTS GROUNDS, EMERALD GLEN PARK,
FALLON SPORTS PARK AND TED FAIRFIELD PARK
With the following modifications: 1) Administrative fees will be $5 instead of $15; and 2) Rental
applications must be submitted a minimum of 10 business days instead of 15 business days
prior to the rental day.
HU..
Zonina Ordinance Amendments to Chapter 8.84 (Sian Reaulations), PLPA-2011-00026
8:15:30 PM 6.2
Mayor Sbranti opened the public hearing.
Bruce Fiedler, Dublin resident, provided public comments regarding the proposed amendments
to the ordinance.
Taz Harvey, representative of Dublin Honda, provided public comments regarding the prop~sed
amendments to the ordinance.
Mayor Sbranti closed the public hearing.
By consensus, the City Council directed Staff to conduct further research in regard to temporary
signs, specifically, possible options for quality control of temporary signs, and allowing signs be
displayed for three weeks with a six weeks' waiting period between display periods; and return
with an ordinance for introduction.
....
First Reading of Ordinance
Amendina the Dublin Municipal Code reaarding City Councilmembers' Salaries
9:03:07 PM 6.3
Mayor Sbranti opened the public hearing.
DUBLIN CITY COUNCIL MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
5
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
On motion of Cm. Biddle, seconded by Mayor Sbranti and by majority vote (Cm. Swalwell voting
no and Cm. Hildenbrand absent), the City Council introduced an ordinance amending Dublin
Municipal Code Section 2.08.020 and providing for an increase in the salary for Members of the
City Council, with that increase based on 8.15% CPI.
------....
UNFINISHED BUSINESS
Adoption of local Hazard Mitiaation Plan
9:18:35PM 7.1
On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand
absent), the City Council adopted
RESOLUTION NO. 33 -12
ADOPTING THE PLAN "TAMING NATURAL DISASTERS" AS THE CITY OF DUBLIN'S
lOCAL HAZARD MITIGA llON PLAN
_.u_~.
Buildina ProQram for Emerald Glen Park
9:22:36 PM 7.2
By consensus, the City Council agreed to postpone this item until the next regular City Council
meeting of March 20,2012.
.~.
._'~
Date for New Food, Wine and Art Event
9:22:41 PM 7.3
On motion of Cm. Biddle, seconded by em. Swalwell and by unanimous vote (Cm. Hildenbrand
absent), the City Council received the report and set the event date for September 22,2012.
...
DUBLIN CITY COUNCil MINUTES
VOLUME 31
REGULAR MEETING
March 6, 2012
6.
NEW BUSINESS
Silvera Ranch Phase 4 General Plan and
Eastern Dublin Specific Plan Amendment Study Initiation Request
9:27:03 PM 8.1
Vm. Hart recused himself from the dais and the City Council Chamber.
On motion of Cm. Biddle, seconded by Mayor Sbranti and by unanimous vote (Vm. Hart having
recused himself, Cm. Hildenbrand absent) I the City Council adopted
RESOLUTION NO. 34-12
APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN
SPECIFIC PLAN AMENDMENT STUDY TO EVALUATE A PROPOSAL TO CHANGE
THE LAND USE DESIGNATION OF A 0.58-ACRE PORTION OF PARCEL K ON CYDONIA
COURT WITHIN SILVERA RANCH PHASE 4 FROM RURAL RESIDENTIAUAGRICUL TURE
TO SINGLE-FAMILY RESIDENTIAL
PLPA 2010-00055
(PORTION OF APN 985-0055-003-04)
-..-.._---
Letter of Support for an Alameda County Ordinance Creating a
Product Stewardship Program for the Responsible Disposal of Pharmaceuticals
9:33:52 PM 8.2
On motion of Cm. Swalwell, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand
absent), the City Council authorized the Mayor to send the letter on behalf of the City Council.
.~
City Sponsorship of
Earl Anthonv Memorial Professional Bowler's Association (PBA) Open
7:43: 13 PM 8.3
Mr. Ted Hoffman provided public comments regarding the sponsorship.
On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand
absent), the City Council approved the sponsorship of the Earl Anthony Memorial PBA Open,
and approved the Budget Change.
DUBLIN CITY COUNCIL MINUTES
VOLUME 31
REGULAR MEETING
March 6,2012
7
- '.-- _.--,
OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff,
including Committee Reports and Reports by Council related to meetings attended at
City expense (AS 1234)
9:37:49 PM
The City Council directed Staff to prepare a letter to CalTrans regarding the structure at the foot
of the Dougherty Road overpass in Dublin.
------'.. .
ADJOURNMENT
10.1
There being no further business to come before the City Council, the meeting was adjourned at
9:54:42 PM in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
ATTEST:
~ lhJ-
Mayor
(L C- fl fl(
City Clerk
DUBLIN CITY COUNCIL MINUTES
VOLUME 31
REGULAR MEETING
. March 6, 2012
8
STAFF REPORT
PLANNING COMMISSION
DATE:
March 27, 2012
TO:
Planning Commission
SUBJECT:
PUBLIC HEARING: PLPA-2011-D0026 Zoning Ordinance
Amendment to Chapter 8.84 (Sign Regulations)
Prepared By: Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
In August 2011, Staff presented City-initiated amendments to the Dublin Zoning Ordinance,
including Chapter 8.84 (Sign Regulations), to the Planning Commission. In October 2011, the
City Council reviewed the proposed amendments and directed Staff to obtain input from the
community on the proposed changes to the Sign Regulations Chapter. A Town Hall Meeting
was held on February 9, 2012 and Staff obtained input from the community. Staff presented the
feedback received from the community at the March 6, 2012 City Council meeting. The City
Council directed Staff to modify the proposed amendments to change the amount of time that
Temporary Promotional Signs are allowed to be displayed. The Planning Commission will
review the proposed modification and make a recommendation to the City Council.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution recommending that the City Council amend Chapter 8.84 (Sign
Regulations) of the Zoning Ordinance to change the amount of time that Temporary Promotional
Signs are allowed to be displayed.
~~~~
Submitted By
Senior Planner
C)~y
Planning Manager
COPIES TO: Applicant
File
ITEM NO.:~
Page 1 of 4
G:\PA#\20 11 IPLPA-2011-00026 Zoning Ordinance Amendments, Update 1 \PC 03.27. 12\PCSR 03.27. 12. doc
DESCRIPTION:
Background
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or am-end
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community.
At the August 23,2011 Planning Commission meeting, Staff presented proposed amendments
to various Chapters of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and
Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
(Sign Regulations), and Chapter 8.1 08 (Temporary Use Permit) and the Planning Commission
adopted a Resolution recommending City Council adoption of the proposed amendments.
At the October 4, 2011 City Council meeting, the City Council adopted the proposed Zoning
Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations).
The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested
members of the community regarding the proposed amendments. At the December 20, 2011
City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don
Biddle to participate in the Town Hall Meeting.
On February 9, 2011, a Town Hall Meeting was held at 6:30pm in the Regional Meeting Room.
Five members of the public attended in addition to the two appointed Councilmembers and
Staff. Staff presented the proposed amendments to the Sign Regulations and solicited
feedback. At the March 6,2012 City Council meeting, Staff presented the feedback received
from the Town Hall Meeting (Attachment 1) and were directed to modify the amount of time that
Temporary Promotional Signs are allowed to be displayed (Attachment 2). The City Council also
directed Staff to return with a separate report .on options to control the quality of temporary
promotional signs. Staff is in the process of preparing that report. Pursuant to Government
Code section 65857, the Planning Commission is being asked to review the proposed
modification to the amendments previously reviewed by the Planning Commission on August
23,2011 and to provide a recommendation to the City Council regarding the modification.
ANAL YSIS:
Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of
the amendments were related to temporary promotional banners. In 2009, the City Council
adopted a temporary modification to the Temporary Promotional Banner regulations to increase
the number of days that banners were allowed to be displayed (from 15 days to 21 days) and to
reduce the waiting period between banner displays (from 30 days to 21 days). This temporary
modification was in effect fora one year period. In 2010, the City Council extended the
temporary modification for another year and directed Staff to make the temporary modifications
permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary
modifications permanent. .
At the February 9,2012 Town Hall Meeting, a concern was raised about the amount of time that
temporary promotional signs are allowed to be displayed noting that under the current
regulations a banner could be displayed for up to 6 months a year and called into question
whether it's an actual promotion being advertised. At the March 6, 2012 City Co.uncil meeting,
Staff was directed to amend the display time for Temporary Promotional Signs to 3 weeks of
display time with a 6 week waiting period between permits. This reduces the potential amount
20f4
of display time per year from 6 months to 4 months. The proposed modification would read as
follows, with proposed modification in bold italics (the underlined text represents proposed
amendments that the Planning Commission previously recommended that the City Council
adopt):
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs are permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one
(21) consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of forty-two (42) consecutive calendar days between
permits is required, with the exception of balloons as defined herein .and temporary banners
for apartment communities. A Banner Sign shall not be larger than 60 square feet in size
and the sign shall not be located so that the sign is taller than the eave of the structure in
which the business is located. One (1) temporary promotional siqn may be displayed on a
tenant's buildinq frontaqe and one (1) temporary promotional siqn may be displayed on the
street frontage. If there is more than one street frontaqe. one (1) temporary promotional
sign may be displaved on each street frontaqe (in lieu of the buildinq frontaqe), up to two
street frontaqes. if the siqns are at least 200-feet apart.
A corresponding amendment would also be made to Matrix B as follows, with the proposed
modification in bold italics (the underlined text represents proposed amendments that the
Planning Commission previously recommended that the City Council adopt):
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft.
Temporary Per Zoning Per Por Zoning Only on site on Per Zoning Maximum of
Promotional Clearance. Zoning Clearance. which Clearance. 21 consecutive
Section Two (2). Clearance. Banner business is calendar days
8.84.050.T One (1) on signs shall located and per permit; 42
a tenant not be shall not be consecutive
buildinq larger than located so that calendar days
60 square the sign is waiting period
frontaqe feet. higher than between
and one (1) the eave of the permits.
on the structure in
street which the
frontage or business is
two (2) on located.
street
frontaqes if
more than
one street
frontaqe
and siqns
are at least
20Q-feet
apart.
30f4
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan and all
applicable Specific Plans in that the General Plan and applicable Specific Plans include policies
which support the development of commercial uses and the proposed Zoning Ordinance
Amendment facilitates commercial development by bringing greater clarity and consistency to
existing regulations related to signage.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was also provided to all known Dublin-based sign companies,
automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have
expressed interest in this topic or requested such notice.' The Staff Report for this public
hearing was also made available on the City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
ATTACHMENTS:
March 6, 2011 City Council Staff Report, with
attachments.
2) March 6, 2011 Draft City Council meeting minutes.
3) Resolution recommending that the City Council amend
Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance to change the amount of time that
Temporary Promotional Signs are allowed to be
displayed.
1)
40f4
DRAFT
DRAFT
Planning Commission Minutes.
Tuesday, March 27, 2012
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 27,
2012, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the
meeting to order at ]~..Q.Q:5.2_PM
Present: Chair Wehrenberg; Vice Chair O'Keefe; Commissioners Schaub and Bhuthimethee;
Jeff Baker, Planning Manager; Mamie Delgado, Senior Planner; Mike Porto, Consulting Planner;
and Debra LeClair, Recording Secretary.
Absent: Cm. Brown
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Schaub, seconded by Cm.
O'Keefe, the minutes of the March 13, 2012 meeting, on a vote of 4-0-1, with Cm. Brown being
absent, were unanimously approved as revised.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS -
8.1 PLPA-2011-00039 Brannigan Street, General Plan Amendment, Eastern Dublin
Specific Plan Amendment, Planned Development rezoning with related Stage 1 Development
Plan Amendmentand new Stage 2 Development Plan, Site Development Review and Vesting
Tentative Tract Map 8093 for 19 Single-Family homes ina 19-1otsubdivision, Development
Agreement, and CEQA Addendum to prior CEQA documents for a 3-acre parcel located along
the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch.
Mike Porto, Consulting Planner, presented the project as outlined in the Staff Report.
Cm. Schaub asked if the Medium Density Residential units per acre are considered net or gross
acres.
Mr. Porto answered the units per acre are considered gross acres.
Cm. Schaub asked about the net acreage for Medium Density Residential.
Mr. Porto answered net is when the roads are taken out of the equation. He mentioned that this
property has already been subdivided; all the dedications have been made for the width of the
road, etc. so therefore the parcel is a net site of 3-acres.
Pfan'n~{! Cmnm.irs'dm
(j(flfUlar ;Jriuting;
!Marc,~ 2;:'; 2{!12
12
D~~T D~AFT
Chair Wehrenberg asked about the small square parcel shown at the bottom of the Springfield
Montessori School site.
Mr. Porto answered the property was originally subdivided and the small square parcel is where
the Hope Hospice was going to be located. However, the parcel was eventually sold to
Springfield Montessori School. Lennar is purchasing the property from the Muslim Community
Center. He continued that the Springfield Montessori School includes parcels 2 and 3 of the
original parcel map. .
Cm. Schaub asked how the DiManto property fits into the project.
Mr. Porto answered that, with the 1994 Eastern Dublin Specific Plan (EDSP), this area was
designated as a 50 acre high school site. He continued that the site was subsequently ~hanged
to a 50 acre middle school site, then to a 25 acre middle school site, and then a Public/Semi-
Public and residential site which includes the existing Lennar Sonata subdivision. The DiManto
property is also designated Public/Semi-Public.
Cm. Schaub asked if the land use designation on the DiManto property will change.
Mr. Porto answered it is not proposed to change with the current actions.
Cm. Schaub felt it was important to note that the property/parcel line runs through to Gleason
Drive.
Mr. Porto pointed out on the slide where the Public/Semi-Public line is located.
Cm. Schaub asked how many parcels designated Public/Semi-Public are left in the City,
including the Braddock and Logan project that was discussed at a recent Planning Commission
meeting.
Jeff Baker, Planning Manager, stated the Braddock and Logan project is different because it is
designated in the General Plan and Eastern Dublin Specific Plan as Semi-Public, as opposed to
the Public/Semi-Public designation of the subject property.
Mr. Porto answered there are approximately 6 parcels designated Public/Semi-Public or Semi-
Public (Wallis, Croak, Chen, Jordan, Promenade, and one on the west side of town).
Cm. Schaub asked why there would be a street connecting the DiManto property to this project.
Mr. Porto answered the proximity of the intersection of Gleason and Brannigan will make it
difficult to have access to the DiManto property off of Brannigan Street.
Cm. Schaub felt the DiManto parcel is not big enough for a project and half of it is on a slope.
He was concerned with the parcel was not wide enough to develop because of the topography
of the parcel and frontage improvements.
Mr. Porto answered the street would be 120 feet to 150 feet wide depending on how much right-
of-way is taken for Gleason Drive. He stated Staff has seen various proposed uses for the
parcel including day care centers and 120 condos which would have to utilize the slope in the
design of the project. He continued the site will set the slope for the area and felt there was not
p{all:nm{J Cmnwsian
(j(jlJ'llfar ~etinG
!Matdi 27, 2012
13
DR~FT D~AFT
much else that could be done because the alignment of Brannigan and Gleason are already
there and the rate of grades are already set. The parcel will be locked in due to where
Brannigan and Gleason are today.
Chair Wehrenberg asked who owns the property.
Mr. Porto answered the property is owned by the Dublin'Land Company, but usually referred to
as the DiManto property.
Cm. Schaub asked how tall the houses would be.
Mr. Porto answered approximately 30 feet tall.
Cm. O'Keefe asked if the Muslim Community Center has identified another location.
Mr. Porto answered Staff did not know.
Cm. O'Keefe asked if there were any community meetings held with the residents.
Mr. Porto stated there were 2 meetings. He stated the Applicant sent out notices to greater than
the usual 300 foot radius and only 3 people attended. He stated there was another meeting in
March 2012 and 3 different people attended, for a total of 6 people.
Cm. Schaub asked if the property was owned by the Lins who sold it to the Muslim Community
Center who is now selling the property to Lennar.
Mr. Porto answered yes.
Cm. Schaub asked if this kind of transaction has ever happened before.
Mr. Porto answered not that he was aware of.
Cm. O'Keefe stated the Commission had a request recently to change the land use from Semi-
Public to Residential and felt the local residents for that project were sold their homes with the
idea of the lot remaining Sem i-Public. He asked if the residents attending these meetings felt
the same.
Mr. Porto answered he attended only one meeting and residents were mostly concerned with
when Brannigan would be finished, but nothing about what was promised when they bought
their homes.
Chair Wehrenberg asked if there are plans for improvement to Gleason Drive in regards to this
project.
Mr. Porto answered the developer will provide, as a community benefit for the City, the
Brannigan frontage improvements, the completion of the corner, relocation of the traffic signal
and the sidewalk to Gleason.
Chair Wehrenberg asked the reason for the lower density homes In this project since the
adjacent areas are designated Medium Density.
(f{anni1lg Ccmf'l'i..rswn
c:RpiJlltar flfiileti'lt1J7
:M.al"C,~ 27,2012
14
" DRAFT
DRAFT
Mr. Porto answered the project is for single-family homes placed on the property at the low end
of the Medium Density range. He continued the Sonata project has the same density and same
type of housing, same setbacks and same criteria. The property to the west, The Courtyards,
are in the mid-range of Medium Density with approximately 10 units per acre; this project is
approximately 6 units per acre.
Chair Wehrenberg asked about an easement that seems to run between the subject site and the
Springfield Montessori School properties, and asked if they can build on .lot 1 with the easement.
Mr. Porto explained the Developer is working on having the easement removed.
Cm. O'Keefe mentioned that, in June 2011, the City Council approved a study on the site and
asked if the study came back with any findings as to whether or not the City would like to see
this site rezoned.
Mr. Porto responded what the City Council authorized Staff to study the Applicant's request for
the viability of the project on this site. He continued Staff did that and that project is what is
being presented to the Com"mission. He stated, at the time, the City Council was aware of the
situation on the property and expressed that this project might be an appropriate use at the time.
Cm. Schaub was concerned that the houses would not fit on the lots with the backyard
requirement and felt the project is too dense for what is being proposed.
Mr. Porto stated this project is identical to Sonata which is east of the project.
Cm. Schaub felt the Sonata project was done without the backyard requirement.
Mr. Porto stated the Sonata homes are also three stories high.
" Chair Wehrenberg opened the public hearing.
Adam Tennant, representing Lennar Homes, spoke in favor of the project. He stated he brought
with him a group of people who worked on the project to answer questions. He agreed to the
Conditions of Approval, signed the DA and stated they did not want to add or amend any of the
Conditions of Approval. He stated there was a proposal previously for a Public/Semi-Public
project that was not well received by the community. For that reason they held community
meetings and noticed approximately 500 feet surrounding the property; only 3 people attended
the first meeting. In answer to Cm. O'Keefe's question, there was no discussion from the
residents regarding the use. He stated they held another neighbor meeting in March 2012 and
3 different people attended mostly out of curiosity. He felt the use was compatible with the
surrounding communities and in line with the density. He stated there is a representative of the
Muslim Community Center in attendance to answer questions. He stated the easement is very
close to being "quit claimed" and he understands that issue must be completed prior to the final
map. 'In response to Cm. O'Keefe's question regarding the City Council initiation request; the
Applicant wanted to get as much feedback as possible, so they showed the City Council a 19-
home site plan so that they understood the density being submitted when the Council initiated
the General Plan Amendment Study.
Chair Wehrenberg asked how the community was noticed~
(Plan/nine CGlmni.rsian
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Mr. Tennant responded the notice was sent out as a letter for the first meeting and the radius
was 500 feet. For the 2nd meeting, they were more concerned with making sure they noticed
certain areas, so they contacted everyone at the Courtyards, all of Sonata and 2 or 3 buildings
at Sorrento.
Zameer Siddiqui, founder and board member of the Muslim Community Center East Bay
(current owners of the property), 5502 Serenity Terrace, spoke in favor of the project He
stated, when the Muslim Community Center purchased the property in 2007, the goal was to
build a church to accommodate approximately 250 or more members. But after purchasing the
property and working with architects, they realized the site would not be suitable. He stated
their main concerns were parking, traffic and the fact that the neighborhood was mainly
residential. He stated they held informal meetings with the neighbors in the Dublin Ranch area
and noted that some church members also live in the area, and the feedback was that it was not
a suitable site for their church. He stated they decided to sell the property and have acquired a
5 acre site with a 40,000 square foot building in Pleasanton that will fit their needs.
Kulwant Singh, 3716 Edgecomb Ct. in the Sonata development, spoke in opposition to the
project. He stated that when he bought his home he was told about all of the Public/Semi-Public
uses that could be applied to the site. He was concerned with view obstruction and felt there
were not enough play areas for the children in the surrounding area. He asked if the Planning
Commission considers play areas for the children when approving a project. He stated that
some of his neighbors agreed regarding more play areas.
Chair Wehrenberg closed the public hearing.
Jeff Baker, Planning Manager, asked the Planning Commission to disclose if they had any Ex
Parte communications regarding this project.
Cm. Schaub stated he had not spoken with the ApplicantlDeveloper.
Cm. Bhuthimethee stated there was an invitation proposed but she never met with anyone.
Chair Wehrenberg stated there was an invitation proposed but she never met with anyone.
Cm. O'Keefe stated there was an invitation proposed but he never met with anyone.
Chair Wehrenberg commented regarding Mr. Singh's concerns. She stated that the Planning
Commission addresses parks and try to make them central to the projects. She asked Staff to
address those issues with the speaker.
Cm. Bhuthimethee asked where the closest park is.
Mr. Porto answered Ted Fairfield Park is at the intersection of Grafton and Anton, Emerald Glen
Park at Tassajara and Gleason, the neighborhood square Piazza Sorrento which is 1 block
south and two blocks in, the 5 acre Pasatiempo Park being built which will connect to Piazza
Sorrento by a bridge. He continued there are a number of parks centrally located in the area.
Mr. Baker mentioned there is also an elementary school just to the north of the project site.
pfanninlJ CmmF&'si.cn
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Mr. Porto added the sports fields at the end of Fallon Road are open.
DRAFT
Cm. Schaub was concerned with making a recommendation to the City Council regarding
changing the zoning from Public/Semi-Public to residential. He felt it was inappropriate because
the Commission has taken a lot of time in the last 10-15 years to carve out a few areas for
Public/Semi-Public facilities. He was concerned about losing the Public/Semi-Public parcels in
the City and stated he would not recommend to the City Council any change of land use from a
designated Public/Semi-Public parcel. He wanted to suggest that the City develop financial
alternatives or incentives to help the property owners use the parcels as intended. He felt the
City Council had been adamant about preserving the Public/Semi-Public sites and he does not
want to lose any of them. He stated he hasa lot of concerns regarding this project.
Chair Wehrenberg agreed with Cm. Schaub. She asked Mr. Baker if the Planning Commission
had to approve the project as a whole or if it could be approved in part.
Mr. Baker explained that the Commission's role is to make a recommendation to the City
Council regarding the General Plan and Eastern Dublin Specific Plan Amendment and the
zoning amendment. The SDR and Vesting Tentative Tract Map would be contingent upon
approval of those documents by the City Council.
Cm. Schaub asked what would happen if the Commission chooses not to approve the SDR.
Mr. Baker answered the Commission could apprdve, deny or refer the approval of the
SDR/VTMap to the City Council. He continued that, if the Planning Commission denied the
SDR, the Applicant can appeal the decision to the City Council. He suggested polling the
Commission regarding a recommendation to the City Council.
Chair Wehrenberg asked the Commission if they agree or disagree regarding the zoning
change.
Cm. Bhuthimethee felt it would be useful to preserve the Public/Semi-Public parcels, but felt this
project is different from the last one because the land was owned by the developer and the
community had an opportunity to voice their concerns regarding the current project but didn't,
which showed there was not a lot of opposition.
Cm. Schaub disagreed and felt that 10 years from now it might be different. He felt that the
issue was not about this particular project but preserving all the Public/Semi-Public parcels and
finding financial means to encourage property owners to develop the property as intended. He
does not feel the Planning Commission has done their due diligence in preserving these
properties by allowing developers to build houses on these sites. He felt this parcel is a perfect
place for something for the community to be built there.
Cm. O'Keefe felt this project was totally different than the previous project. He stated he was
pleased they had done community outreach but felt it was premature to rezone the property. He
thought the previous project would be the last one which was the basis for his support of the
project, not the community dissatisfaction. He stated he could support the rezone if Dublin was
at full build-out and the property was still vacant but could not support it at this point.
Chair Wehrenberg felt there has been difficulty determining what to build on this site as well as
with the Public/Semi-Public parcel nearby and thought the grading problems would make it
pfo;n:nma ClJmmitsirm
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D~~FT D~AFT
difficult to build such uses on the parcel. She was unsure what type of project could be built on
the parcel that would meet the parking requirements.
Cm. Schaub stated he could not know all the different needs of the community but did not
imagine not having the parcel available when it is needed.
Chair Wehrenberg understood but did not want the property to sit empty for years. She felt this
project presents an opportunity to develop the property versus letting it remain empty and was
unsure what would happen if they can't sell the property.
Cm. Schaub stated the City did not buy the property and the Planning Commission did not
suggest the property owner buy the property and flip it.
There was a discussion regarding the sale of the property and if there were attempts to sell the
property to other Public/Semi-Public uses. The Commission was concerned with setting- a
precedence which would invite developers to change other Public/Semi-Public sites to
residential and there would be none left in the City.
Cm. Schaub stated he could not make the findings that the project is compatible with the
surrounding areas. He felt the houses would be too high above the other houses in the
community and look out of place. He felt the property should be graded so that they are on the
same level as the other homes in the area. He liked the architecture but could not support the
project.
Chair Wehrenberg asked if Cm. Schaub was on the right path regarding the grading of the
project.
Mr. Porto stated the City has been unable to get the DiManto property graded. He stated that,
in order to grade the property as Cm. Schaub proposed, they W041d have to build a wall to hold
up the OiManto hill until they grade their property. He stated that is why Brannigan is not fully
developed because they could not receive permission to grade on their property. He continued
that one of the promises made to the Standard Pacific residents was that they would not bring
the elevation of the property down to their level and they would continue the landscape buffer
between the project and their property. Because of that Staff asked the developer to hold the
houses back as far as possible so that the residents aren't looking up to the back of a house.
He continued that if they took. the site down and created the transition slope between the
Montessori School arid this site the whole northern tier of the project would be below Brannigan.
He stated the developer will bring the lots down but not as much as Cm. Schaub suggested. He
continued Brannigan and Gleason are built to the bump that is on OiManto property and
because that cannot be resolved the developer is obligated to hold grade and the OiManto's
property will have to match their grade with this site.
Cm. Schaub felt this is the wrong project at this time and he could not make the findings.
Cm. Bhuthimethee stated she likes the architecture, felt the DiManto property made the grading
difficult and thought it was graded similar to Montessori.
Mr. Porto responded it is straight graded
Cm. Bhuthimethee felt it was graded level with Brannigan Street.
(J:l'fo;n.nine OJ%'mfi:rs'",n
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Cm. Schaub stated that the grading is level with Brannigan at the top but inconsistent at the
bottom.
There was a discussion regarding the grading of the property and the height of the houses and
Cm. Schaub presented some photos he had taken of the parcel.
Cm. O'Keefe stated he could make the findings that the development is consistent with the
surrounding community and felt they are doing the best they can with the piece of land, but
disagrees that the City should give up the Public/Semi-Public land, but if the City Council
approves the rezone then he would be in support of the project.
Cm. Schaub felt that making the best out of a bad situation is not the way to plan a community.
He felt the project is inconsistent with the surrounding community and did not feel the grading
issue with the DiManto property is an excuse for a bad project.
Cm. O'Keefe disagreed and felt the houses are consistent with the houses in the area.
Cm. Bhuthimethee agreed with Cm. O'Keefe.
Cm. Schaub disagreed and felt the houses are not consistent with the other houses in the area.
He felt this project is not graded correctly and is the wrong place to have houses.
Cm. Bhuthimethee stated she is not ready to give up the Public/Semi-Public parcel either.
Cm. Bhuthimethee asked if there is an expiration date for selling this property to another
Public/Semi-Public use. She felt that with the last project the developer was actively trying to
sell the property to a Public/Semi-Public use.
Mr. Baker mentioned that the City does not control the property. It is owned by the Muslim
Community Center and they have chosen a buyer, and it's up to the property owner as to how
they market the property. .
Cm. Bhuthimethee asked if the property has been advertised for sale.
Mr. Baker suggested she ask the property owner how they have marketed the property, but it
has been available for sale.
Chair Wehrenberg felt it didn't make a difference as to what the property could be used for and
was not sure the City would pursue purchasing the property for some kind of community center.
Cm. Bhuthimethee felt even though the market does not support the Public/Semi-Public use
now, it could change in the future.
Mr. Baker stated this is a policy decision for the City Council to make on whether to move
forward with the project that is submitted or continue to wait for a Public/Semi-Public use.
Chair Wehrenberg agreed the property is unusual.
IJ.lfanninlJ Cmnmirsion
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Mr. Baker asked if Cm. Schaub is concerned about the height of the homes from the vantage
point of the Gleason/Brannigan intersection.
Cm. Schaub answered yes. He felt all the other developments are on the correct grade level.
Mr. Baker stated that this issue has been addressed and asked Mr. Porto to further illustrate the
grading for the Commission.
Mr. Porto directed the Planning Commission to Page C-3 of the project plans which shows a
slope along the westerly edge that will remain. There will be a 23 foot grade differential with the
street, a front yard setback and a two-story house. He stated that, along Brannigan, the project
is at the same grade as the existing houses in Sonata which is across the street and will only be
about 5 feet above Brannigan at the southern edge of the project.
There was a continued discussion regarding the height of the project and the grade differential.
Mr. Baker referred the Commission to the Findings to assist with making a decision.
Chair Wehrenberg felt the Planning Commission has been very thorough and each one has a
different view point and all concentrate on something because it is about findings for the land
use. She agrees with Cm. Schaub regarding changing the zoning but in this instance she felt
the housing is consistent with the surrounding areas. She was not sure what to do about the
DiManto property stating that the Commission could hold out and never make a decision. She
felt that the City Council would like to see something done with the property. Therefore, as a
Planning Commissioner, she will probably approve all the items. She felt the architecture is fine,
and would support changing the zoning as well.
Chair Wehrenberg suggested going through each item and voting on each one individually.
Mr. Baker responded the Planning Commission will make recommendations to the City Council
on the CEQA Addendum, GPA/EDSPA, Stage 1 & 2 PO Amendment and the Development
Agreement. The Planning Commission is the approving body for the SDRNTMap. A
recommendation of approval to the City Council requires 3 affirmative votes, since without that
the default is denial. The vote for the SDRNTMap would need a majority vote of 3 to approve.
Chair Wehrenberg suggested taking a straw vote on each item.
Straw vote:
t;J CEQA Addendum - Unanimous - Aye - Recommendation to adopt
ill GPA/EDSPA - Cm. Schaub - no, Cm. Bhuthimethee - no, Cm. O'Keefe - no, Chair
Wehrenberg - Aye = Recommendation to not adopt
g Staqe 1 & 2 - Cm. Schaub - no, Cm. Bhuthimethee - yes, Cm. O'Keefe - yes, Chair
Wehrenberg - yes = Recommendation to adopt
ill SDRIVTmap- Cm. Schaub - no, Cm. Bhuthimethee - yes, Cm. O'Keefe - yes, Chair
Wehrenberg - yes = Approved
q'6ltlf1.WIJ Owmtti.rdtm
CJ(~iJ"'Ultlr 9r1eetvlliJ
!Mardi2?;Z012
20
DRA.FT
.E.l DA - Unanimous - Aye = Recommendation to Adopt
DR.AFT
On a motion by Cm. Schaub and seconded .by Cm. O'Keefe, vote of 4-0-1, with Cm. Brown
being absent, the Planning Commission unanimously voted to send the City Council the
Planning Commission's recommendations on items A, B, C, and E and approve item 0 as listed
in the straw vote above.
On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Brown
being absent, the Planning Commission unanimously adopted:
RESOLUTION NO. 12-09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR THE
PROJECT PROPOSED FOR A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF
GLEASON DRIVE WITHIN DUBLIN RANCH
___----yc::><::><:::).~
On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 1-3, with Cm. Brown
being absent, the Planning Commission denied:
RESOLUTION NO. 12 - 10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE
GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN TO CHANGE THE LAND USE
DESIGNATION FROM PUBLIC/SEMI-PUBLIC TO MEDIUM DENSITY RESIDENTIAL FOR A
3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE
~~
On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 3-1, with Cm. Brown
being absent, the Planning Commission adopted:
RESOLUTION NO. 12-11
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1
DEVELOPMENT PLAN AMENDMENT
AND NEW STAGE 2 DEVELOPMENT PLAN FOR A 3-ACRE SITE
ON BRANNIGAN STREET NORTH OF GLEASON DRIVE
~~
Pii1.nninu O:nnmi.rsicn
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21
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On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 3-1, with Cm. Brown
being absent, the Planning Commission adopted:
RESOLUTION NO. 12- 12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE
TRACT MAP 8093 FOR 19 SINGLE-FAMILY DETACHED UNITS FOR
A 3-ACRE SITE LOCATED ALONG THE WEST SIDE OF
BRANNIGAN STREET NORTH OF GLEASON DRIVE
On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 4-0, with Cm. Brown
being absent, the Planning Commission unanimously adopted:
RESOLUTION NO. 12 - 13
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR
A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE
~~
8.2 PLPA 2010-00055 Silvera Ranch Phase 4 General Plan Amendment, Eastern Dublin
Specific Plan Amendment, Planned Development Zoning Amendments with related Stage 1 and
Stage 2 Development Plan Amendments, Site Development Review, Vesting Tentative Parcel
Map 10053, and related CEQA findings for a 0.95-acre site north of Fallon Road in the
neighborhood known as Bella Monte.
Mike Porto, Consulting Planner, presented the project as outlined in the Staff Report.
Cm. Schaub asked how much of the lots are flat and felt if the other lots were extended up the
hill they would also be 12,000 square foot lots.
Mr. Porto stated, when the original development was built, they had to create the fire road
behind it but they are no longer necessary for this project.
Chair Wehrenberg asked if the parcel behind the project is planned for future development.
Mr. Porto answered that the parcel is zoned rural residential/agriculture and there is no proposal
to develop the property.
Chair Wehrenberg asked if there were any trails in the community.
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Mr~ Porto answered the fire roads act as trails and there is another connection point to afire
road that leads to Fallon Road. He also pointed out another connection road to Fallon and a
connection to Chateau at Fallon Crossing development.
Chair Wehrenberg opened the public hearing.
Ray Panek, Applicant, KB Home, 6700 KolI. Center Pkwy, Pleasanton, spoke in favor of the
project. He stated the change in the building code freed up the parcels. He stated the reason
the lots are shaped this way is because of the topography, grading and also sales people were
asking for homes with larger backyards.
Chair Wehrenberg asked for the status of the other homes in the development.
Mr. Panek stated they are approximately half way through construction but must abide by the
eagle nesting time frame.
Chair Wehrenberg closed the public hearing.
Cm. O'Keefe stated he supports the project, and could make the findings.
Cm. Schaub stated he could make all the findings.
Cm. Bhuthimethee stated she could make a/I the findings.
Chair Wehrenberg stated she could make all the findings.
On a motion by Cm. Bhuthimethee and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm.
Brown absent, the Planning Commission unanimously adopted:
RESOLUTION NO. 12 - 14
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE
GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN TO CHANGE
THE LAND USE DESIGNATION FROM RURAL RESIDENTIALlAGRICUL TURE TO
SINGLE-FAMILY RESIDENTIAL FOR A O.95-ACRE SITE WITHIN
SILVERA RANCH PHASE 4 (BELLA MONTE) AND FINDING THE PROJECT WITHIN the
SCOPE OF THE EASTERN DUBLIN EIR
RESOLUTION NO. 12-15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THATTHE CITY COUNCil ADOPT AN ORDINANCE
(J!(anttitJl! Clifnmirsion
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DRAFT DRAFT
APPROVING PLANNED DEVELOPMENT ZONING AMENDMENTS AND RELATED
STAGE 1 AND STAGE 2 DEVELOPMENT PLAN AMENDMENTS FOR A 0.95-ACRE SITE
WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE)
RESOLUTION NO. 12- 16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE
PARCEL MAP 10053 FORA RESIDENTIAL SUBDIVISION OF
4 SINGLE-FAMILY DETACHED UNITS ON
A 0.95-ACRE SITE WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE)
~~
8.3 PLPA-2010-00030 Combat Sports Academy Conditional Use Permit Amendment to
expand an existing Indoor Recreational Facility (Martial Arts Studio), a Parking Reduction for an
Individual Use and a Parking Reduction for Shared Parking.
Mamie Delgado, Senior Planner, presented the project as outlined in the Staff Report.
Cm. Schaub asked how the children would get to the facility.
Ms. Delgado answered, if the parents stay at the facility, they would be counted but if they drop
off, they would not be counted.
Chair Wehrenberg asked if the other businesses in the center were noticed and if there had
been any complaints about the current operation.
Ms. Delgado answered the public notice was sent to all the businesses/properties within 300
feet of the project and all the tenants in Parkway Center. There have been some complaints
regarding activities outdoors but none regarding parking. She continued that generally the
complaints about Parkway Center have been regarding abandoned vehicles being left for
extended periods but nothing specific to Combat Sports.
Cm. O'Keefe asked if there have been any day classes since June when the Zoning
Administrator hearing was postponed.
Ms. Delgado answered what initiated the amendment was the need to hold classes during the
day, and the activity occurring during the day was one-on-one personal training..
Cm. O'Keefe asked if, according to the Conditions of Approval, one-on-one training was
permitted.
Ms. Delgado responded that it was not allowed.
Mr. Baker added this has been a code enforcement issue. He continued that soon after they
received their original approvals, it was found that they were operating during the day. As a
q:'farmm,fJ C!Jrnm'MS1CU
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DRAFT DRAFT
result of code enforcement, Staff met with the Applicant to modify their CUP to allow limited
operation during the day and then be in compliance.
Cm. O'Keefe asked if the City has been allowing the daytime activity up until this point because
they have been in communication with the City.
Mr. Baker answered that limited activities have been occurring.
Chair Wehrenberg asked if there have been any issues with them operating during the day time.
Mr. Baker stated that the City has received complaints about activities occurring in the parking
lot and conflicts with vehicles; however, this CUP will enable the Applicant to satisfy the parking
requirement and require all activities to occur indoors.
Chair Wehrenberg asked for a current operating schedule.
Ms. Delgado responded the reason there is no current class schedule is because, in 2009, all
indoor recreational facilities were subject to a CUP and the parking standards for a martial arts
studio have been changed since then. They were originally parked at a much higher ratio based
on their class schedule. The CUP will allow them to operate more fluidly and meet the parking
requirement.
Chair Wehrenberg stated she uses the schedule as a way of verifying the parking is being
planned correctly.
Mr. Baker referred the Commissioners to Attachment 6 which is a memo from the City's
Transportation Engineer which evaluates the parking determination based on surveys and hours
of operation, etc.
Chair Wehrenberg opened the public hearing.
Kerry Fitzgibbons, Co-owner of Combat Sports Academy, spoke in favor of the project. He
stated they have operated at the current facility for over 2 years and the business has grown.
He stated they enjoy being in Dublin and love their facility but they need to expand in order to
grow their business. He stated there have been no complaints about parking and felt there is
more than enough parking at the center. He stated that the hours of operation are classes at
9am,12 noon and a kid's class at 4:30. He stated that the rest of the time the facility is not
being used. He stated that personal training has happened during the day, they have
communicated with Staff and they are aware and the reason for the application for expansion.
Cm. Schaub was concerned about the safety of the children going to the facility.
Mr. Fitzgibbons answered the proposed location for the kids classes is the current building with
street access. Theydo not anticipate the children crossing the parking lot. The other building
will house the Cross Fit program which is an adult's only program.
Cm. O'Keefe congratulated the Applicant on growing his business. He stated he is familiar with
the Cross Fit program. He was concerned about the safety of the members on long runs where
they run along the major streets.
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25
DRAFT DRAFT
Mr. Fitzgibbons responded they are not expanding the Cross Fit schedule. He stated in the 2
years he's been in business there have been no issues, no incidents, no injuries, or emergency
vehicles sent to the location. He continued the members run from the building on the same
streets and trails that anyone would be using.
Mr. Baker referred the Applicant to Condition of Approval #15 which states that "all activity
should be conducted entirely within the building" and goes on to say "no outdoor running
activities shall begin or end at Combat Sports Academy. "
Mr. Fitzgibbons responded the solution to that condition is that his members walk through the
parking lot to the street and then run. He stated they have agreed to all the conditions.
Cm. Schaub suggested either eliminating the condition or modifying it to allow the members to
start their run from the door of the facility.
Mr. Baker informed the Commission that one of the issues that was the reason for the condition
Were complaints from surrounding businesses in regards to activities in the parking lot; including
conflicts between vehicles and people running in the parking lot and people throwing up in the
parking lot after a run.
Mr. Fitzgibbons wanted to clarify that on one occasion, one member working out in the parking
lot decided to go in front of the muffler shop and throw up. He stated that it only happened once
in 2 years and has not happened since. He continued that they will not use the parking lot as a
track, but they would like to have people start their run from the facility and then run back. He
felt that was a safe use of the property.
Cm. O'Keefe was more concerned about his members crossing major streets but had no .other
problems.
Mr. Fitzgibbons agreed.
Cm. Schaub suggested eliminating the sentence that reads "Furthermore, no outdoor running
activities shall begin or end at Combat Sports Academy" of Condition of Approval #15.
Mr. Baker stated the throwing up issue would be covered under Condition of Approval #14
regarding Noise/Nuisance. He suggested changing Condition #15 to modify the sentence to say
"Furthermore, no outdoor running activities shall begin or end in the parking lot" because the
issue was conflicts with vehicles that do not anticipate people running in the parking lot. He
asked Mr. Fitzgibbons if the runs could start at the sidewalk instead of the parking lot.
Mr. Fitzgibbons answered they have started their runs at the sidewalk as a work-around of
Condition #15 and would like to have the runs begin at the door of the facility. . He stated the
only issue that has come up was when his members were running laps in the parking lot. He
stated there has never been a safety issue there. He agreed with the change but stated he
would also agree to continue having his members start running at the sidewalk. He stated he
would abide by whatever the City wants but he would prefer to have his members start their
runs at the door.
Cm. Schaub was concerned about running starting at the building and running through the
parking lot.
<J:'fannmlJ O;rnmi..l'.li.cn
<.!ijJb-ufar 9r1eetmlfi
!Mard 27; 2012
26
DRAFT
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Mr. Fitzgibbons agreed to the conditions as stated.
Mr. Baker stated that once the public hearing has concluded the Planning Commission can
discuss the issue further.
Chair Wehrenberg closed the public hearing.
Cm. O'Keefe stated he had no problem with Condition #15 but would also support eliminating
the sentence that would allow the runners to begin. and end their run at the facility. He was in
support of the parking reduction and shared parking CUP.
Cm. Bhuthimethee agreed with eliminating a portion of Condition #15. She asked if all the
businesses on the list were still in operation.
Ms. Delgado answered that they updated the business list and noted any changes in hours of
operation as part of the parking study.
Cm. Bhuthimethee stated she is in support of the parking reduction and shared parking CUP.
Cm. Schaub stated he is in support of the parking reduction and shared parking CUP.
Chair Wehrenberg stated she is in support of the parking reduction and shared parking CUP
and the modification of Condition of Approval #15 to eliminate one sentence
On a motion by Cm. Schaub and seconded by Cm. Bhuthimethee, on a vote of 4-0-1, with Cm.
Brown being absent, the Planning Commission unanimously adopted, with a modification to
Condition of Approval #15 to delete the sentence that reads "Furthermore, no outdoor running
activities shall begin or end at Combat Sports Academy":
RESOLUTION NO. 12-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
.........._,............."';_''''____"''__~.....,.....,~__,_,.''''',."'''''''''''''".'''...,'''''''w!...,.,...'''''''''_''_,.""...,.....,~.""'"""""'..~............."""'_,'_''''........._''''''_.....l<............,.''''''.,__.....,'''''''''''''''''......,'__''''''''''....................".......,',....",...""__..._"""'''-,.....___..".........-.,...._..--;_'''..
APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXPAND AN EXISTING
INDOOR RECREATIONAL FACILITY, A PARKING REDUCTION FOR AN INDIVIDUAL USE
AND A PARKING REDUCTION FOR SHARED PARKING AT
7100 AND 7106 VILLAGE PARKWAY
.c...
8.4 PLPA-2011-00026 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations).
Mamie Delgado, Senior Planner, presented the project as outlined in the Staff Report.
Cm. Schaub stated he is in support of the amendment but was concerned with the lack of
enforcement regarding the number of temporary signs that some businesses post.
Mr. Baker responded that Staff is actively enforcing the current Ordinance. He continued the
current code does not restrict the number of signs. However, the proposed amendment will
cp{a;nnms C0111.f!fi4sWn
CJ(~f!Uraf ~ettlt8!
!Mardi 2;:>; 2012
27
D~~FT D~AFT
restrict the number of signs and the placement of the signs, plus require a longer waiting period
to display signs and address Cm. Schaub's concern.
Cm. Schaub asked if there would be some guidance on the quality of signs.
Ms. Delgado answered yes.
Mr. Baker stated that the City Council asked for a report on how to regulate the quality of signs.
If the City Council directs Staff to amend the code to address quality, that amendment will come
to the Planning Commission for a recommendation to the City Council.
Chair Wehrenberg opened the public hearing and, with no speakers, closed public hearing.
On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Brown
absent, the Planning Commission unanimously adopted:
RESOLUTION NO. 12 -18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 8.84 (SIGN
REGULATIONS) OF THE ZONING ORDINANCE TO CHANGE THE AMOUNT OF TIME THAT
TEMPORARY PROMOTIONAL SIGNS ARE ALLOWED TO BE DISPLAYED
~~
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS - NONE
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Plannirig Commission related to
meetings attended at City Expense (AB 1234).
10.2 Cm. Schaub requested the City Council and Staff address the problem of parking at the
Safeway gas station downtown. He is concerned about the safety of the drivers/cars.
Mr. Baker stated he made Public Works aware of the Commission's concerns from a
previous meeting. He stated he has had follow-up conversations with Public Works. He
stated the City is limited on their ability to regulate this issue because it is on private
property. There have been discussions with Safeway to address the issue. He
mentioned the auxiliary lane on Dublin Blvd which helps alleviate some of the back-up
into the travel lanes on Dublin Blvd.
10.3 Cm. O'Keefe asked if there was any feedback from Staff regarding reaching out to
CalTrans regarding the 1-680 off-ramp downtown. Mr. Baker stated he relayed their
concerns to Public Works. He stated CalTrans controls the area and their options are
limited. He stated the City will update the Bikeways Master Plan which will be expanded
to include a pedestrian component and will include the intersection as part of that master
plan. Cm. O'Keefe asked if any of the Staff has a relationship with someone at CalTrans
P(atJ.ninl CirJmmir~",'11
~fif"lJu,r 9rl>letil11i1
9riard. 27, 2012
28
DRAFT DRAFT
that they can have a dialogue with to address this issue. He felt there has not been
enough done to make that a safer off-ramp. He was very concerned that CalTrans
respond to this issue. He did not want a fatality before action is taken. Mr. Baker stated
that the City Council directs the use of Staff resources and Cm. O'Keefe's comments will
be noted in the minutes which the City Council reads.
10.4 Cm. O'Keefe asked to submit a speaker slip to Mr. Baker regarding the 1-680 off-ramp
issue for the next City Council budget study session follow-up. He was unable to attend
all of the last Study Session in order to raise this issue and is not able to attend the next
Study Session. Mr. Baker stated that this is not the typical practice but agreed to give the
slip to the City Clerk and advise him of any issue with this approach.
10.5 Cm. O'Keefe asked if there have been any development talks regarding downtown. Mr.
Baker answered there has been some preliminary discussion but no applications. Chair
Wehrenberg asked about the other half of Sports Authority building. Mr. Baker answered
there has been no applications. He stated that Las Positas is moving into the third floor
of the building on Golden Gate. The former Crown Chevrolet site has had lots of activity
but no applications yet. Cm. O'Keefe asked about a grant for streetscape improvements
on Golden Gate. Mr. Baker answer there is no construction schedule as yet. Cm.
O'Keefe asked if the Commission would be able to review the designs. Mr. Baker
answered the project would not come to the Commission since it isa Capital
Improvement Project '
10.6 Cm. O'Keefe asked if there were drawings available for the Golden Gate project. Mr.
Baker suggested that, as a private resident, he contact Frank Navarro in Public Works
who can share the plans with him.
10.7 There was a discussion regarding the Downtown Dublin Specific Plan and the community
benefit program,
10.8 Cm. Bhuthimethee mentioned she learned at the Planners Institute there is grant money
available specifically for TOD areas. Mr. Baker stated there are various grants available
and Staff monitors them. He further stated that the DDSP EIR and _Dublin Blvd
Streetscape improvements were paid for with grant money.
10.9 em. Bhuthimethee reiterated her desire to have design guidelines for downtown with a
specific theme. Mr. Baker stated the DDSP was developed with design guidelines that
provide for a look and'feel and quality of design but there was a conscious decision to not
have a specific theme. She mentioned the feedback from developers is the more specific
the development plans are; the better the developers like it Mr. Baker stated that the
City Council recently adopted the DDSP. He further stated that the City Council allocates
staff resources for projects such as this and have not directed Staff to change the design
guidelines. Mr. Baker offered to set a meeting with her to discuss ideas she previously
shared with he and Jeri Ram regarding design guidelines in the DDSP.
10.10 Mr. Baker stated at the last meeting there was a question regarding the green waste bins
in multi-family projects; he confirmed that the green waste bins are available for multi-
family projects, Cm. O'Keefe asked if the City can mandate that gas stations must have
recycle bins next to trash containers at the pumps. Mr. Baker agreed to check with the
Environmental Services and advise them of the answer. '
PfJz1J.-nmg C!ymm.lsS<dln
iRlli"ufar 9rketmli
!Man:/i 2.'; 2012
29
DRAFT
ADJOURNMENT - The meeting was adjourned at ,~,d1:0~.PJy.l
Respectfully submitted,
Doreen Wehrenberg
Chair Planning Commission
ATTEST:
Jeff Baker
Planning Manager
G:\MINUTES\2012\PLANNING COMMISSIONl03.27.12 DRAFT PC MINUTES (CF).docx
DRAFT
!1'tal1n~t! Cmnmi...I;mz
CJ(?&"Ul'-Jr 9I-1eetw'B!
30
9I1.ardt 20 2012
RESOLUTION NO. 12 -18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 8.84 (SIGN
REGULATIONS) OF THE ZONING ORDINANCE TO CHANGE THE AMOUNT OF TIME THAT
TEMPORARY PROMOTIONAL SIGNS ARE ALLOWED TO BE DISPLAYED
. PLPA-2011-00026
WHEREAS, in August 2011 the City initiated amendments to the Zoning Ordinance to
bring greater clarity and consistency to existing regulations; and
WHEREAS, amendments were proposed to Chapter 8.40 (Accessory Structures and
Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
(Sign Regulations), and Chapter 8.108 (Temporary Use Permit) (collectively "the Zoning
Ordinance Amendments"); and
WHEREAS, on August 23, 2011, the Planning Commission reviewed the Zoning
Ordinance Amendments and recommended City Council adoption; and
WHEREAS, on October 4, 2011, the City Council introduced an Ordinance to adopt the
proposed Zoning Ordinance amendments with the exception of Chapter 8.84 (Sign
Regulations);
WHEREAS, the City Council directed Staff to hold a Town Hall Meeting to obtain input
from interested members of the community on the proposed changes to the Sign Regulations
Chapter; and
WHEREAS, on October 18, 2011, the City Council adopted the Zoning Ordinance
Amendments with the exception of Chapter 8.84 (Sign Regulations); and
WHEREAS, on February 9, 2012 a Town Hall Meeting was held to solicit input from the
community on the proposed changes to the Sign Regulations Chapter; and
WHEREAS, five members of the public attended the Town Hall Meeting in addition to two
Councilmembers and Staff; and )
WHEREAS, Staff presented the proposed amendments to the Sign Regulations Chapter
and solicited feedback from attendees; and
WHEREAS, at the March 6, 2012 City Council meeting, Staff presented the feedback
received from the Town Hall Meeting and were directed to modify the proposed amendments to
the Sign Regulations Chapter with respect to the amount of time that Temporary Promotional
Signs are allowed to be displayed; and
1 of 3
WHEREAS, Government Code section 65857 provides that where a city council modifies
a proposed ordinance that has been reviewed by a planning commission, said modification must
first be referred to the planning commission for report and recommendation; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance
be found exempt from CEQA per CEQA Guidelines Section 15061 (b)(3). Section 15061 (b)(3)
states that CEQA applies only to those projects that have the potential to cause a significant
effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately;
and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending that the City Council modify an amendment to Chapter 8.84 (Sign Regulations)
to change the amount of time that Temporary Promotional Signs are allowed to be displayed;
and
WHEREAS, the Planning Commission held a public hearing on said modification on
March 27, 2012; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the modification.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the
reasons discussed in the Staff Report, recommends that the City Council modify the proposed
amendments to the Sign Regulations Chapter to change the amount of time that a temporary
promotional sign can be displayed by increasing the waiting period between permits to 42 days.
PASSED, APPROVED AND ADOPTED this 27'h day of MarCh 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
2 of 3
ATTEST:
Planning Manager
G:\PA#\2011\PLPA-2011-00026 Zoning Ordinance Amendments, Update 1\PC 03.27. 12\PC Reso 03.27. 12.doc
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CHAPTER 8.84
SIGN REGULATIONS
",,,,,,,,,,,,,,,,,",,,,,.,,,,,,,,,,,,,,..,,,,,.,,,,,.,,.,,,,,,,,,,,,...,"""..".",..",..,,,,,,,,,..,,......,"',,.....,,..,......,,,....,,,.,,,,,,'....,,,,,.,,.,,,",,,,,...."'''''n.'''''"''.,,.,,.,,,,,,,,,,,,,..,,.,..,"".,."",........".."'".".......,"..,,,.,,,q......,,,.,,.,,.,,...,.,,..."...".......,.".,,,.,,..,,,,,.,,,,,,.,,.,,,,.,,,,,,.,,,,..,",,.,,,."",.,..".,,,,,.......,.....,,,.,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...."".".",...,,,.....,,....,,,,,..,"....,,...,,.,,...,..,....,,,,,,,"'''0.'''''..",."."......,.....,...
The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows:
O. FlaQs - AutomobilelVehicle Sales. The term Flaqs - AutomobileNehicle Sales
shall mean a siqn constructed of cloth, canvas or another Iiqhtfabric with or without a
riqid frame intended to be displayed on a reqularbasis to advertise the business name.
P. FlaQs - Seasonal. The term Flaqs - Seasonal shall mean a siqn constructed of
cloth, canvas or another Iiqht fabric with or without a riqid frame intended to be displayed
for a limited period of time andlor chanqed on a reqular basis to coincide with the four
seasons of the year.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended as follows:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type A R-1, R-2, C-N C-O C-1 C-2 DDZD M-P, M-1,
R-M M-2
Awning ~ X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
Electronic X X CUP CUP CUP CUP CUP CUP
Readerboard (PC) (PC) (PC) (PC) (PC) (PC)
Flaqs- Automobilel 6 6 ZC ZC ZC ZC ZC ZC
Vehicle Sales
Freestanding 20' or ~ X ZC X BP BP BP BP
Less in Height
Freestanding Greater X X X X SDR SDR SDR SDR
than 20' in Height
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZCI ZCI ZCI ZCI ZCI ZCI ZCI ZCI
SDR SDR SDR SDR SDR SDR SDR SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA)
1 of 7
Office Building Master X X ze ze ze ze ze ze
ID
Off-Site Residential BP BP BP BP BP BP BP BP
Development
Directional
Off-Site Temporary L X ze ze ze ze ze ze
For Sale or Lease
Open House X Permitted X X X X X
Permanent Banner X X X X MSP/ MSP/ MSP/ MSP/
Sign SDR SDR SDR SDR
Projecting Sign L X BP BP BP BP BP BP
Service Station X X ze X ze ze ze ze
Display Structure
Service Station Price X X ze X ze ze ZC ze
.
Sign
Special Easement L X ze ze ze ze ze ze
Temporary X ze*** ze ze ze ze ZC ze
Promotional (21 Days)
Tenant Directory X X BP BP BP BP BP BP
Wall L X BP BP BP BP BP BP
\^!indow . X X gp gp gp gp gp
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended as follows:
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft
Flaqs - See See See Section See Section See Section See Section
Automobile/ Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F
Vehicle 8.84.050.F 8.84.050.F
Sales
Temporary Per Zoning Per Per Zoning Only on site on Per Zoning Maximum of
Promotional Clearance. Zoning Clearance. which Clearance. 21
Section Two (2). Clearance. Banner business is consecutive
8.84.050.T One (1) on signs shall located and calendar
a tenant not be larger shall not be days per
buildinQ . than 60 located so that permit; 42
2 of 7
frontaqe square feet. the sign is consecutive
and one (1) higher than the calendar day
on the eave of the waiting
street structure in period
frontaqe or which the between
two (2) on business is permits.
street located.
frontaqes if
more than
one street
frontaqe
and siqns
are at least
200-feet
apart.
One (1)
Temporary Temporary
Promotional Banner for
Banner for Apartment Temporary
Apartment Communities Banners for
Section which shall Apartment
8.84.050.T not exceed Communities
12 square shall be
feet. allowed a
maximum of
90 days per
calendar
year in any
time
configuration
desired.
~ Maximum ~ 4-s€f.--ft.- On sidewalk Not attached
FlBttSe of "1 per afIG ~u9jiB
SeGo propeft-y;- ~ sign, post,
8.8-1.050.L Up to 8 per strip but traffic signal
ffitef- cannot disrupt or utility pole;
section. normal No additional
One per vehicular flow, tags, riders,
property block views, streamors,
~ block ingress balloons or
ad'/ertised or egress to Btftef
at a given any residence att.Jchments;
intersection or business, or Permitted OR
restrict a Holidays,
sidewalk to Saturdays
less th::m 32 afId Sundays
inches. and one
Prohibited in agent tour
3 of 7
GBAt-eF--tl-tvitfef day each
or traffic week from
islands of 10:00 a.m. to
public streets; sunset.
Cannot be
within 5 ft.
radius of a call
box, fire
hydrant or mail
00*-:
V'/indow N.fA N.fA N.fA Inside a N.fA Not more
~ building. than 25% of
8.84.050.VV contiguous
'Nindowarea.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to delete the following:
L. Open House Signs. Open House Signs are permitted subject to the following special
provisions:
1. l\ maximum of four (4) open house signs are permitted for each propert~
advertised for sale. Such signage shall not be located within the public right of
way (which includes, but is not limited to, the sidewalk and the greenway
between the sidewalk and the curb) where such signage endangers the safety of
persons or property, disrupts the normal flow of vehicle or pedestrian traffic,
blocks views of such traffic, blocks ingress into or egress from any residence or
place of business, or restricts a sidewalk to less than thirty two (32) inches.
Signage may be placed in a landscaping strip betvveen the roadway and the
sidewalk.
2. . Signage is prohibited in public streets and the center divider strip and/or traffic
iskmds of public streets.
3. Signage is not to be adhered or ::ittachcd to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or
mail box.
5. No more than eight (8) open house signs shall be placed at any intersection. No
morc than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other
attachments.
4 of 7
7. The size of the sign shall not exceed four (1) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a. m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by
City personnel, or its authorized agents, to remove illegally located open house
signs. In cases of repeated violations of requirements dealing '.Nith open house
signs, rights to locato new open house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior
to placement of signs on private property.
\I
. .
\Nindow Signs. Window Signs shall not exceed twenty five percent (25%) of the
GElntiguous window area from which they are viev/ed.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended to add the following:
F. FlaQs - AutomobilelVehicles' Sales. AutomobilelVehicle Sales Flaqs are
permitted in those Zoninq Districts where AutomobileNehicle Sales are permitted
subiect to approval of a Zoninq Clearance. AutomobileNehicle Sales Flaqs are subiect
to the followinq:
1. AutomobileNehicle Sales Flaqs shall be located on the site where the business
beinq advertised is conducted.
2. The location of AutomobileNehicle Sales Flaqs shall be limited to private
property liqht poles and shall not extend above the top of the liqht pole.
3. The number of AutomobileNehicle Sales Flaqs shall be limited to one (1) flaq per
Iiqht pole. up to one-half of allliqht poles located on the site.
4. AutomobileNehicle Sales Flaqs shall be limited to a maximum of 20 square feet
and may be sihole sided or double sided.
5. AutomobileNehicle Sales Flaqs shall have a clearance of eiqht (8) feet above the
qround and fourteen (14) feet above a driveway, alley or other vehicular access
way. No flaq shall proiect into a public rioht-of-way.
6. AutomobileNehicle Sales Flaos shall be maintained in oood condition at all
times. Any flao that is faded, torn or otherwise determined by the Community
Development Director to not be in oood condition shall be removed upon request
and may be replaced subiect to compliance with Section 8.84.050.F.
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs
permitted pursuant to a Zoning Clearance and may be placed on site for a
maximum of twenty-one (21) consecutive calendar days per permit when used for
special promotional events or needs. A minimum waiting period of forty-two (42)
consecutive calendar days between permits is required, with the exception Qf
balloons as defined herein and temporary banners for apartment communities..A
Banner Sign shall not be larger than 60 square feet in size and the sign shall not be
located so that the sign is taller than the eave of the structure in which the business.
is located. One (1) temporary promotional sion may be displayed on a tenant's.
buildinq frontaoe and one (1) temporary promotional sion may be displayed on the
5 of 7
street frontaqe. If there is more than one street frontaqe, one (1) temporary
promotional siqn may be displayed on each street frontaqe (in lieu of the buildinq
frontaqe), up to two street frontaqes, if the siqns are at least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a
Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive
calendar days per permit when used for special promotional events or needs. A .
minimum waiting period of twenty (20) consecutive calendar days between permits
is required. In addition, the duration in which banners may be displayed is limited to
a maximum duration of 90 days per calendar year. A temporary banner sign for
apartment communities shall not be larger than 12 square feet (see Section
8.84.020.B for definition of apartment communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subjectto a permit. All balloons
shall be tethered to the ground only with the bottom of the balloon on the ground
. and shall not be permitted to be attached to any structure or vehicle. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
signs that include balloons for more than 21 days per calendar year. Zoning
c1earance(s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a
Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s)
singularly or cumulatively shall be issued that allows any temporary promotional
sign(s) that include searchlights for more than 21 days per calendar year. Zoning
clearance(s) may be issued for periods less than 15 days.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows:
8. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal f1aQs.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to
add the following:
Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. . A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
6 of 7
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other
attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by
City personnel, or its authorized agents, to remove illegally located open-house
signs. In cases of repeated violations of requirements dealing with open-house
signs, rights to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior
to placement of signs on private property.
Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
7 of 7
ORDINANCE NO. xx - 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE
CITY -WIDE
PLP A-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on
August 23, 2011 and adopted Resolution 11-23 recommending that the City Council adopt an
Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter
8.108 (Temporary Use Permit) of the Dublin Municipal Code; and
WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an
Ordinance amending Chapter8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but
excluded Chapter 8.84 (Sign Regulations);. and
WHEREAS, Staff was directed to hold a public meeting to obtain input from the
community on the proposed amendments to Chapter 8.84 (Sign Regulations); and
WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting
Room at Dublin City Hall and interested members of the community provided feedback on the
proposed amendments; and .
WHEREAS, a properly noticed public hearing was held by the City Council on March 6,
2012 at which the community feedback was presented; and
WHEREAS, Staff was directed to modify the proposed amendments to Chapter 8.84
(Sign Regulations) to change the amount of time that Temporary Promotional Signs are allowed
to be displayed; and
WHEREAS, pursuant to Government Code section 65857, the Planning Commission is
required to review and make a recommendation on the proposed modification; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on
March 27, 2012 and adopted Resolution 12-18 recommending that the City Council. amend
Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that
Temporary Promotional Signs are allowed to be displayed; and
1 of 9
WHEREAS, a properly noticed public hearing was held by the City Council on April 17,
2012; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
The City Council finds that this Ordinance is consistent with the Dublin General Plan and all
applicable Specific Plans in that the General Plan and applicable Specific Plans include policies
which support the development of commercial uses and the proposed Zoning Ordinance
Amendments facilitate commercial development by bringing greater clarity and consistency to
existing commercial regulations related to signage.
SECTION 2.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per GEQA Guidelines Section 15061 (b)(3). Section
15061 (b)(3) states that CEOA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEOA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 3.
The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows, with the other definitions contained in Section
8.84.020 (Definitions) to be re-Iettered accordingly:
Flags - AutomobilelVehicle Sales. The term Flags - AutomobilelVehicle Sales shall
mean a sign constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed on a regular basis to advertise the business name.
Flags - Seasonal. The term Flags - Seasonal shall mean a sign constructed of cloth,
canvas or another light fabric with or without a rigid frame intended to be displayed for a
limited period of time and/or changed on a regular basis to coincide with the four seasons
of the year.
SECTION 4.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin
Zoning District ("DDZD"), to add a new Sign Type for "Flags-AutomobileNehicle Sales", and to
remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its
entirety:
2 of 9
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
R-1, DDZD M-P,
Sign Type A R-2, C-N C-O C-1 C-2 M-1,
R-M M-2
Awning L X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community 10 X ZC ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP CUP CUP CUP CUP CUP
(PC) (PC) (PC) (PC) (PC) (PC)
Flags- AutomobileNehicle Sales X X ZC ZC ZC ZC ZC ZC
Freestanding 20' or Less in L X ZC X BP BP BP BP
Height
Freestanding Greater than 20' in X X X X SDR SDR SDR SDR
Height
Grand Opening X X ZC ZC ZC ZC ZC lC
Identification** ZCI ZCI ZCI ZCI ZCI lCI lCI ZCI
SDR SDR SDR SDR SDR SDR SDR SDR
Master Sign Program SDR X SDR SDR SDR SDR SDR SDR
(ZA) (lA) (lA) (ZA) (ZA) (ZA) (ZA)
Office Building Master 10 X X ZC ZC ZC ZC ZC ZC
Off-Site Residential Development BP BP BP BP BP BP BP BP
Directional
Off-Site Temporary For Sale or L X ZC ZC ZC lC ZC lC
Lease
Permanent Banner Sign X X X X MSPI MSPI MSPI MSPI
SDR SDR SDR SDR
Projecting Sign L X BP BP BP BP BP BP
Service Station Display Structure X X ZC X ZC ZC ZC ZC
Service Station Price Sign X X ZC X ZC ZC ZC ZC
Special Easement L X ZC ZC ZC ZC ZC ZC
Temporary Promotional (21 X ZC*** ZC ZC ZC ZC ZC ZC
Days)
Tenant Directory X X BP BP BP BP BP BP
Wall L X BP BP BP BP BP BP
3 of 9
SECTION 5.
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to add a new row for the Sign Type "Flags-AutomobileNehicle Sales"
and to amend the row for the Sign Type ''Temporary Promotional" as follows:
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq.Ft.
Flags - See See See Section See Section See Section See Section
Automobile! Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84:050.F
Vehicle 8.84.050.F 8.84.050.F
Sales
Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of
Promotional Clearance. shall not be which business Clearance. 21
Section One(1)on larger than is located and consecutive
8.84.050.S a tenant 60 square shall not be calendar
building feet. located so that days per
frontage the sign is permit; 42
and one (1) higher than the consecutive
on the eave of the calendar
street structure in days waiting
frontage. If which the period
more than business is between
one street located. permits.
frontage,
one (1) sign
may be
displayed
on each
street
frontage,
up to two
street
frontages, if
the signs
are at least
200-feet
apart.
Temporary One (1) Temporary Temporary
Promotional Banner for Banners for
Banner for Apartment Apartment
Apartment Communities Communities
Section which shall shall be
8.84.050.S not exceed allowed a
4 of 9
12 square maximum of
feet. 90 days per
calendar year
in any time
configuration
desired.
Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to remove the row for the Sign Type "Open House" and to remove the
row for the Sign Type "Window".
All other provisions contained in Matrix B shall remain the same except that the Section
references contained in the "Sign Type Section No." column shall be revised for consistency
with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code.
SECTION 6.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
a) The following shall be deleted:
L. Open House Signs. Open-House Signs are permitted subject to the following special
provIsions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property. being advertised may be placed at an
intersection.
'.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
50f 9
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
V. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The following shall be added:
Flags - AutomobilelVehicles Sales. AutomobileNehicle Sales Flags are permitted in
those Zoning Districts where AutomobileNehicle Sales are permitted subject to approval
of a Zoning Clearance. AutomobileNehicle Sales Flags are subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of AutomobileNehicle Sales Flags shall be limited to private property
light poles and shall not extend above the top of the light pole.
3. The .number of AutomobileNehicle Sales Flags shall be limited to one (1) flag per
light pole, up to one-half of all light poles located on the site.
4. Automobil.eNehicle Sales Flags shall be limited to a maximum of 20 square feet and
may be single sided or double sided.
5. AutomobileNehicle Sales Flags shall have a clearance of eight (8) feet above the
ground and fourteen (14) feet above a driveway, alley or other vehicular access
way. No flag shall project into a public right-of-way.
6. AutomobileNehicle Sales Flags shall be maintained in good condition at all times.
Any flag that is faded, torn or otherwise determined by the Community Development
Director to not be in good condition shall be removed upon request and may be
replaced subject to compliance with Section 8.84.050.F.
c) The following shall be amended to read as follows:
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one .p'
(21) consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of forty-two (42) consecutive calendar days between
6 of 9
permits is required, with the exception of balloons as defined herein and temporary
banners for apartment communities. A Banner Sign shall not be larger than 60 square
feet in size and the sign shall not be located so that the sign is taller than the eave of the
structure in which the business is located. One (1) temporary promotional sign may be
displayed on a tenant's building frontage and one (1) temporary promotional sign may be
displayed on the street frontage. If there is more than one street frontage, one (1)
temporary promotional sign may be displayed on each street frontage (in lieu of the
building frontage), up to two street frontages, if the signs are at least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of twenty (20) consecutive calendar days between permits is required. In addition,
the duration in which banners may be displayed is limited to a maximum duration of 90
days per calendar year. A temporary banner sign for apartment communities shall not be
larger than 12 square feet (see SeCtion 8.84.020. B for definition of apartment
communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons shall
be tethered to the ground only with the bottom of the balloon on the ground and shall not
be permitted to be attached to any structure or vehicle. No permit( s) singularly or
cumulatively shall be issued that allows any temporary promotional signs that include
balloons for more than 21 days per calendar year. Zoning c1earance(s) may be issued for
periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively
shall be issued that allows any temporary promotional sign(s) that include searchlights for
more than 21 days per calendar year. Zoning c1earance(s) fTlay be issued for periods less
than 15 days.
Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development
Regulations) shall be re-Iettered accordingly.
SECTION 7.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to
read as follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, CIVIC,
professional or religious organization or seasonal flags.
SECTION 8.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows: .
7 of 9
a) The following shall be added:
Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. Signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised m?y be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property..
Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The remainder of Section 8.84.140 (Exempt Signs) shall be re-Iettered accordingly to reflect
the changes made by Section 8.
8 of 9
SECTION 9. Effective Date and PostinQ of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2012, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G.\PA#\20l1\PLPA-20 11-00026 Zoning Ordinance Amendments. Update l\CC 04.17.12\CC Ord 04. 17. 12.doc
9 of 9
ORDINANCE NO. xx - 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE
CITY-WIDE
PLPA-2011-00026
WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations; and
WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates
to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin
Zoning District; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on
August 23, 2011 and adopted Resolution 11-23 recommending that the City Council adopt an
Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter
8.108 (Temporary Use Permit) of the Dublin Municipal Code; and
WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an
Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76
(Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but
excluded Chapter 8.84 (Sign Regulations); and
WHEREAS, Staff was directed to hold a public meeting to obtain input from the
community on the proposed amendments to Chapter 8.84 (Sign Regulations); and
WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting
Room at Dublin City Hall and interested members of the community provided feedback on the
proposed amendments; and
WHEREAS, a properly noticed public hearing was held by the City Council on March 6,
2012 at which the community feedback was presented; and
WHEREAS, Staff was directed to modify the proposed amendments to Chapter 8.84
(Sign Regulations) to change the amount of time that Temporary Promotional Signs are allowed
to be displayed; and
WHEREAS, pursuant to Government Code section 65857, the Planning Commission is
required to review and make a recommendation on the proposed modification; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on
March 27, 2012 and adopted Resolution 12-18 recommending that the City Council amend
Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that
Temporary Promotional Signs are allowed to be displayed; and
1 of 9
WHEREAS, a properly noticed public hearing was held by the City Council on April 17,
2012; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
The City Council finds that this Ordinance is consistent with the Dublin General Plan and all
applicable Specific Plans in that the General Plan and applicable Specific Plans include policies
which support the development of commercial uses and the proposed Zoning Ordinance
Amendments facilitate commercial development by bringing greater clarity and consistency to
existing commercial regulations related to signage.
SECTION 2.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 3.
The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the
Dublin Municipal Code to read as follows, with the other definitions contained in Section
8.84.020 (Definitions) to be re-lettered accordingly:
Flags -Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle Sales shall
mean a sign constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed on a regular basis to advertise the business name.
Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth,
canvas or another light fabric with or without a rigid frame intended to be displayed for a
limited period of time and/or changed on a regular basis to coincide with the four seasons
of the year.
SECTION 4.
Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of
the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin
Zoning District ("DDZD"), to add a new Sign Type for "Flags-Automobile/Vehicle Sales", and to
remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its
entirety:
2of9
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District
Sign Type
A R-1,
R-2,
R-M
C-N
C-O
C-1
C-2 DDZD M-P,
M-1,
M-2
Awning ~ X ZC ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP BP
Coming Soon X X ZC ZC ZC ZC ZC ZC
Community ID X ZC ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP
(PC) CUP
(PC) CUP
(PC) CUP
(PC) CUP
(PC) CUP
(PC)
Flags- Automobile/Vehicle Sales X X ZC ZC ZC ZC ZC ZC
Freestanding 20' or Less in
Height ~ X ZC X BP BP BP BP
Freestanding Greater than 20' in
Height X X X X SDR SDR SDR SDR
Grand Opening X X ZC ZC ZC ZC ZC ZC
Identification** ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR ZC/
SDR
Master Sign Program SDR
(ZA) X SDR
(ZA) SDR
(ZA) SDR
(ZA) SDR
(ZA) SDR
(ZA) SDR
(ZA)
Office Building Master ID X X ZC ZC ZC ZC ZC ZC
Off-Site Residential Development
Directional BP BP BP BP BP BP BP BP
Off-Site Temporary For Sale or
Lease ~ X ZC ZC ZC ZC ZC ZC
Permanent Banner Sign X X X X MSP/
SDR MSP/
SDR MSP/
SDR MSP/
SDR
Projecting Sign ~ X BP BP BP BP BP BP
Service Station Display Structure X X ZC X ZC ZC ZC ZC
Service Station Price Sign X X ZC X ZC ZC ZC ZC
Special Easement ~ X ZC ZC ZC ZC ZC ZC
Temporary Promotional (21
Days) X ZC*** ZC ZC ZC ZC ZC ZC
Tenant Directory X X BP BP BP BP BP BP
Wall ~ X BP BP BP BP BP BP
3 of 9
SECTION 5.
Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to add a new row for the Sign Type "Flags-Automobile/Vehicle Sales"
and to amend the row for the Sign Type "Temporary Promotional" as follows:
Sign Type
Section
No. Maximum
Number of
Signs Maximum
Height Maximum
Area per
Side in
Sq. Ft. Location
Requirements Copy
Restrictions Additional
Regulations
Flags - See See See Section See Section See Section See Section
Automobile/ Section Section 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F
Vehicle 8.84.050. F 8.84.050. F
Sales
Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of
Promotional Clearance. shall not be which business Clearance. 21
Section One (1) on larger than is located and consecutive
8.84.050.S a tenant 60 square shall not be calendar
building feet. located so that days per
frontage the sign is permit; 42
and one (1) higher than the consecutive
on the eave of the calendar
street structure in days waiting
frontage. If which the period
more than business is between
one street located. permits.
frontage,
one (1) sign
may be
displayed
on each
street
frontage,
up to two
street
frontages, if
the signs
are at least
200-feet
apart.
Temporary One (1) Temporary Temporary
Promotional Banner for Banners for
Banner for Apartment Apartment
Apartment Communities Communities
Section which shall shall be
8.84.050.S not exceed allowed a
4of9
Sign Type Maximum Maximum Maximum Location Copy Additional
Section Number of Height Area per Requirements Restrictions Regulations
No. Signs Side in
Sq. Ft.
12 square maximum of
feet. 90 days per
calendar year
in any time
configuration
desired.
Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to remove the row for the Sign Type "Open House" and to remove the
row for the Sign Type "Window".
All other provisions contained in Matrix B shall remain the same except that the Section
references contained in the "Sign Type Section No." column shall be revised for consistency
with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code.
SECTION 6.
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
a) The following shall be deleted:
L. Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5 of 9
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
V. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The following shall be added:
Flags -Automobile/Vehicles Sales. Automobile/Vehicle Sales Flags are permitted in
those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval
of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following:
1. Automobile/Vehicle Sales Flags shall be located on the site where the business
being advertised is conducted.
2. The location of Automobile/Vehicle Sales Flags shall be limited to private property
light poles and shall not extend above the top of the light pole.
3. The number of Automobile/Vehicle Sales Flags shall be limited to one (1) flag per
light pole, up to one-half of all light poles located on the site.
4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square feet and
may be single sided or double sided.
5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8) feet above the
ground and fourteen (14) feet above a driveway, alley or other vehicular access
way. No flag shall project into a public right-of-way.
6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times.
Any flag that is faded, torn or otherwise determined by the Community Development
Director to not be in good condition shall be removed upon request and may be
replaced subject to compliance with Section 8.84.050.F.
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c) The following shall be amended to read as follows:
S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted
pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one
(21) consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of forty-two (42) consecutive calendar days between
permits is required, with the exception of balloons as defined herein and temporary
banners for apartment communities. A Banner Sign shall not be larger than 60 square
feet in size and the sign shall not be located so that the sign is taller than the eave of the
structure in which the business is located. One (1) temporary promotional sign may be
displayed on a tenant's building frontage and one (1) temporary promotional sign may be
displayed on the street frontage. If there is more than one street frontage, one (1)
temporary promotional sign may be displayed on each street frontage (in lieu of the
building frontage), up to two street frontages, if the signs are at least 200-feet apart.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of twenty (20) consecutive calendar days between permits is required. In addition,
the duration in which banners may be displayed is limited to a maximum duration of 90
days per calendar year. A temporary banner sign for apartment communities shall not be
larger than 12 square feet (see Section 8.84.020. B for definition of apartment
communities).
Any tethered or untethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons shall
be tethered to the ground only with the bottom of the balloon on the ground and shall not
be permitted to be attached to any structure or vehicle. No permit(s) singularly or
cumulatively shall be issued that allows any temporary promotional signs that include
balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for
periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively
shall be issued that allows any temporary promotional sign(s) that include searchlights for
more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less
than 15 days.
Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development
Regulations) shall be re-lettered accordingly.
SECTION 7.
Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to
read as follows:
B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization or seasonal flags.
SECTION 8.
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Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as
follows:
a) The following shall be added:
Open House Signs. Open-House Signs are permitted subject to the following special
provisions:
1. A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of-way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business,
or restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in
a landscaping strip between the roadway and the sidewalk.
2. signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
5. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height
shall not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one
agent tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights
to locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
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Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
b) The remainder of Section 8.84.140 (Exempt Signs) shall be re-lettered accordingly to reflect
the changes made by Section 8.
SECTION 9. Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
1st day of May, 2012, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GIPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC 04.17.121CC Ord 04.17.12.doc
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